Road haulage lawyers and clandestine entrants? Border Force & HMRC Vehicle Seizures: Trucks and loads entering the UK will be seized by the UK Border Force or HMRC (UK customs) if they are found to be carrying forbidden contraband (e.g. weapons, drugs, tobacco, alcohol etc). In most cases, both the haulier and the owners of the goods being transported will have no knowledge of the presence of the forbidden contraband. Reclaiming Seized Trucks: Our transport lawyers have a very high success rate of securing the release of EU owned trucks and trailers seized at the UK Border. We can usually achieve this without the need for a court hearing.
If you cannot show that you have an effective system in place and that it was being properly operated on the day, as the haulier you can ultimately be liable to pay up to £4,000 per migrant. If you fail to pay your penalty you can expect your vehicle to be seized and sold or even destroyed by the UK Border Force. You have the right to appeal against both the imposition of your Civil Penalty, and its amount. The appeal process consists of two routes: A Notice of Objection to the Border Force. This entails the submission of written representations and supporting evidence to the Border Force. Using this route, our transport lawyers have a high success rate in dramatically reducing the amount of penalty payable, without the need to go to court. This is often the most cost-effective route.
Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.Road Transport Lawyers for HGV and PSV Operators and Drivers in the UK and around Europe. In the eyes of the law, the company is using the vehicle when being driven by an employee. The company can also be deemed to have permitted offences to occur by requesting an employee to use a vehicle which has a defect. The consequences could be the driver attaining penalty points and potentially losing their licence. This may in turn impact your business. For a sole trader, they themselves may end up with penalty points on their licence. For a limited company, there would still be costly fines. If the company also holds an Operator’s Licence, such convictions would need to be reported to the Traffic Commissioner and could then impact on the Repute of the Operator. Find additional info on traffic commissioner public enquiry.
The DVSA will probably send you a form PG13 which will detail the faults that they have found and will invite you to address them in writing before they consider reporting you to the Traffic Commissioner. Use this opportunity, it may not prevent you being called in for Public Inquiry but it will help demonstrate that you wish to be compliant and have taken or are going to take the necessary steps to do so. Your transport lawyer can assist you in preparing your responses, and can liaise with the DVSA on your behalf to try to put to rest any concerns they have. In many cases, a seemingly serious compliance failing can have a perfectly innocent explanation. Smith Bowyer Clarke have long experience in representing Operators, transport Managers and drivers in front of the Traffic Commissioner. Much of what we do involves helping to turn around Operators who are failing in their compliance. We have access to first rate consultants in a number of areas who can be trusted to give up to the minute advice. If you are worried why not give us a call.
Operators are legally required to keep tachograph records for a specified period of time. Failing to keep these records is an offence. At Public Inquiry, the Traffic Commissioner will want to know why records were not kept, how often records were analysed, and what steps the operator took to identify and prevent drivers’ hours infringements. What Will Happen? This will depend on the type of tachograph offence suspected, and the stage of the process. If suspected tachograph offences are found during a roadside stop by DVSA / VOSA, the driver can expect to be interviewed under caution. Evidence from the interview can be used to support any criminal prosecution or driver conduct hearing. You should always speak to a transport lawyer first for a free, no obligation initial consultation. See extra information on Road Haulage Solicitors.