Martin Smith, Author at Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Author Archives: Martin Smith

The Prevention of Clandestine Entrants – Installing an Effective System to Avoid Costly Civil Penalties.

Most international hauliers are aware that they may be hit with high Civil Penalties if one of their drivers brings Clandestine Entrants into the United Kingdom. With both the driver and the haulier each facing fines of up to £2,000 per clandestine immigrant, the total amount which a haulier may […]

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Are your Drivers Properly Employed?

We have recently been consulted by a number of HGV and PSV operators who have engaged drivers on a self-employed basis. Whilst there is nothing wrong with subcontracting work to a driver who holds their own Operator’s Licence and owns their own vehicle, big problems can arise if you engage […]

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How Much Do You Trust Your Maintenance Provider?

In order to obtain an Operator’s Licence, applicants confirm that records of maintenance and repairs will be kept for 15 months. It is therefore of no surprise that a significant number of operators routinely file away their PMI reports, so as to comply with this requirement, without any form of […]

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Fines for Carrying Illegal Immigrants in Your Truck – 6 Things You Need to Know

  Fines for carrying illegal immigrants in your truck, also known as “Civil Penalties for Clandestine Entrants” are a big problem for hauliers sending loads into the UK. We look at what they are, how to challenge them, and what you can do to avoid them in the future.   […]

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Vehicle Overloading Offences

  Overloading offences are taken very seriously in the eyes of the law. Both a driver and his or her employer can be prosecuted and substantial fines can be imposed by the criminal courts for each offence of exceeding an individual axle weight or the maximum permitted gross weight of […]

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What is VOL (Vehicle Operator Licensing) and what do I need to do?

  Vehicle Operator Licensing (VOL) is a new online system which has been designed to replace Operator Licence Self Service. Once the new system has been made available it will be possible to make applications, upload documents such as bank statements, amend details and provide information about changes online. In […]

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Mobile Telephones, Public Inquiries, & Driver Conduct Hearings

  The Government has recently publicised its intention to impose greater penalties on drivers who are caught using hand-held mobile telephones. It should not be forgotten, however, that the Senior Traffic Commissioner has made it absolutely clear that it is unacceptable for vocational licence holders to use hand-held mobile phones […]

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What Must I Report to the Traffic Commissioner?

  Do you know what issues you are required to report to the Office of the Traffic Commissioner?   It may be a while since you applied for your Operator’s Licence and signed the application  acknowledging your acceptance of the undertakings set out within the form. It is important, however, […]

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