Motor Transport & Logistics

Holders of a vocational driving licence to drive PSV or HGV can be the subject of regulatory investigation and action by the Traffic Commissioner. This means that the behaviour of commercial vehicle drivers whilst driving can put their licence at risk.

Serious misconduct can result in a driver conduct Hearing before the Traffic Commissioner. The alleged conduct will be examined by the Traffic Commissioner and the driver will have an opportunity to give their response to the allegations. The Traffic Commissioner will then determine whether the alleged behaviour took place and what, if any regulatory action should be taken against the driver’s licence.

The Traffic Commissioner can:

• Revoke the driver’s vocational licence
• Suspend the driver’s vocational licence for a fixed time.
• Issue a formal warning.

What is a Traffic Commissioner Public Inquiry?

All operators of heavy goods and passenger carrying vehicles are strictly regulated under the operator licence scheme under which operators must abide by the relevant regulations and undertakings attached to their licence.

Public Inquiries are often called as a result of a referral from the Driving Vehicle Standards Agency (DVSA), for example following a roadside check or a routine operator check. A public Inquiry may also be triggered by issues relating to maintenance of vehicles, issues over financial standing, irregularities with drivers’ hours and alleged breaches of the regulations or changes to the corporate entity, such as when a sole operator changes to a partnership or limited company. A Public Inquiry will also generally be called if there are concerns about an operator’s repute including if there has been any criminal prosecution for a transport related offence.

• Issuing a warning
• Demanding new undertakings
• Licence suspension
• Licence revocation
• Curtailment – reducing the number of vehicles in operation

The implications of a Public Inquiry are significant, for example revocation of an operator’s licence or curtailment of number of vehicles, could result in the failure of the business. It is therefore extremely important to obtain early, expert advice when faced with a Public Inquiry.

DJMS specialist lawyers can provide specialist advice when preparing for the hearing, as well as representation at the Inquiry, giving the business the best chance of a positive outcome.

Tachographs/Drivers hours infringements

Any HGV and PSV drivers are subject to strict driver’s hours regulations which limit the number of hours which they can drive and be on duty. Breaches of these regulations are taken very seriously can lead to regulatory action either by the Traffic Commissioner or through criminal prosecution in the Magistrates and Crown Courts.
A fixed penalty or fine will generally apply for straightforward breaches. However, if there are allegations of wide-scale infringements of tachograph/driver hours regulations, then this could lead to multiple fines which could have a significant financial and operational impact on a business.

The falsification or alteration of tachographs or records is a serious offence carrying a maximum penalty of two years imprisonment in the Crown Court. Convictions for falsification can also lead to regulatory action by the Traffic Commissioner not only for the driver who is responsible but most likely for the commercial operator as the driver’s employer.

The DJMS legal team is experienced in protecting businesses and livelihoods by providing early expert advice in defending allegations of tachograph and driver hours related infringements.

Impounding of Vehicles

Prosecuting authorities such as the DVSA, HMRC and Police can take action to seize and impound goods vehicles if they believe that they are being used unlawfully. These authorities’ power to impound vehicles includes cases where it is alleged that they have been used without an operator licence.

• At the time the vehicle was impounded the person using it had an operator’s licence.
• At the time the vehicle was impounded its use was exempt from operator licencing.
• The vehicle was being used illegally without the owner’s knowledge.
• That although the owner of the vehicle was aware it had been used without an operator’s licence, the owner had:

To be able to operate HGV or PSV for hire, rewards or business use, an operator must have an operator licence. The DJMS transport law team can advise and support businesses and individuals in making an application for a new operator licence or when applying to vary an existing licence.

Given the complexity of the application process, it pays to have experts on your side, ensuring the application is correctly prepared and giving it the best chances of success first time round, in turn keeping costs and disruption to the business to a minimum. For example, it is important to be able to demonstrate ‘financial standing’, understand the appropriateness of any operating centre to be used, together with the suitability and qualification of a proposed transport manager.

If there any concerns about an application, then this can result in a Public Inquiry before the Traffic Commissioner which is why it is important to seek expert help from the outset. If the application does result in a Public Inquiry, the DJMS team can help prepare for and provide representation at the hearing.

Taxi Licensing Offences

Taxi and private hire drivers are heavily regulated and if they breach taxi law, they can face a wide range of penalties which in turn can impact their livelihoods. Breaches can include driving disqualifications, fines, penalty points and ultimately loss of the taxi licence.

One of the most significant breaches of taxi/private hire (PHV) regulations, is touting or plying for hire. This where a taxi driver stops their vehicle and picks up a passenger who has not booked the trip and therefore is in breach of taxi regulations.

Other common taxi/private hire offences include:

• Driving without a taxi licence
• Giving false details when applying for a taxi licence
• Totting up offences – 12 points or more
• Drink/drug driving
• Speeding
• Sexual offences
• Overcharging customers
• Refusing to accommodate disabled passengers

How can DJMS Solicitors help?

The specialist team at DJMS Solicitors can provide early advice and representation defending prosecutions and regulatory breaches relating to taxis/PHVs. DJMS’ solicitors are available 24 hours a day, 7 days a week, to provide immediate expert legal support whenever you need it.