Recent Cases | Smith Bowyer Clarke

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

Please find some of our recent cases below.

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2- Week Curtailment of 2 Vehicles for Operator Following Poor Maintenance History, No Transport Manager and Concerns over “Licence lending” - February 2024

This Operator, represented by Millicent Dooher, had been called before the Traffic Commissioner following an extensive period with no Transport Manager, concerns over licence lending, self-employed drivers and a poor maintenance history. Ultimately, the Traffic Commissioner dealt with the Operator by a temporary curtailment of 2 vehicles (the margin + […]

Driver with convictions and concerns over licence lending receives a 7 day suspension only - February 2024

Millicent Dooher represented this driver at a driver conduct hearing following concerns convictions for failing to take weekly rest and concerns that there was licence lending. Following representations from Millicent, the Traffic Commissioner accepted that he could not find licence lending. For the convictions alone, the Driver received a 7 […]

Smith Bowyer Clarke acting for Transport in Nood BV granted Permission for Judicial Review of LEZ/ULEZ Penalties issued to Dutch Hauliers. - February 2024

Simon Clarke, acting for our client Transport in Nood BV, has secured Permission from the High Court to bring a Judicial Review against Transport for London, with EPC PLC as an Interested Party. The case challenges the legality of the issuing of Penalty Charge Notices denominated in €euros rather than […]

Operator Survives Preliminary Hearing with Formal Warning - February 2024

This Operator, represented at preliminary hearing by barrister Harry Bowyer, was brought to the attention of the Office of the Traffic Commissioner by an “S” marked prohibition followed by two unsatisfactory visits by the DVSA. The operator contacted a reputable transport consultant and fixed his systems root and branch which […]

No Further Action on Private Hire Driver’s Licence Following a Mobile Telephone Offence - February 2024

Millicent Dooher represented this taxi driver/operator following the imposition of 6 penalty points for a mobile telephone offence. The Driver/Operator had been called before the committee hearing to consider his licence. Following representations from Millicent, the committee chose to take no further action on this private hire driver’s licence. This […]

No Action Taken Against Operator Following Transport Manager Found Driving with Another’s Card. - January 2024

Barrister, Millicent Dooher, represented this Operator and Transport Manager when they were called into a Public Inquiry. The Transport Manager had been stopped whilst using another driver’s card. This is a most serious traffic offence. The Traffic Commissioner accepted that, on the balance of probabilities, this was an accidental use […]

O-Licence in the Incorrect Entity Given Time for a New Application to be Submitted Whilst Continuing to Operate. - January 2024

This Operator, represented by Millicent Dooher, was called in to a Public Inquiry following an unsatisfactory DVSA visit and assessment. It became clear that the licence should have been held as a sole trader rather than as a partnership. The Operator had taken significant steps to ensure more recent compliance […]

Operator Receives a 14-day Curtailment of 2 Vehicles (margin +1) Following a Sustained Period of Non-Compliance. - January 2024

Millicent Dooher represented this operator at a Public Inquiry following a previous preliminary hearing, two unsatisfactory independent audits and an unsatisfactory DVSA assessment. Although a significant effort had been made to ensure compliance within the 7 days prior to the Public Inquiry, the issues identified in 2022 were still evident […]

Clandestine Entrant Penalty Reduced by £17,000.00 Following Notice of Objection. - January 2024

Millicent Dooher completed a Notice of Objection on behalf of this European haulier following the discovery of 2 clandestine entrants. Penalties totalling £22,000.00 were imposed. Following the submissions, this was reduced for both Driver and Company by almost £17,000.00, even where it is accepted that the Driver did not have […]

Dangerous Driver Regains Vocational Licence at Driver Conduct Hearing - January 2024

The driver in this matter, represented at the driver conduct hearing by barrister Harry Bowyer, had been convicted of dangerous driving. He had served his disqualification and taken his extended retest. The Deputy Traffic Commissioner allowed his licence to be restored following a suspension to mark the offence.

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