Transportation lawyer 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 are invited to attend an interview under caution or placed under “caution” during an encounter or inspection then immediate legal advice is essential. You are fully entitled to ask that the interview is postponed or stopped to enable you to obtain legal advice. Even if you think that you have done nothing wrong, receiving good legal advice before answering any questions will always be in your interests: too many people have admitted offences in interview which were not part of the investigation. Importantly, you have the right to have representation at any interview and to refuse to answer questions where the DVSA or police fail to allow you access to your lawyers.
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. How can you protect yourself and your employees? Drivers ought to receive training and be required to comply with a driver handbook. This may refer to an obligation to report accidents or incidents in the vehicle, changes to driving licences/eligibility to drive and a robust drink/drug driving policy. It is good practice to include a walk around check to avoid issues with mechanical or physical defects. See even more info on https://www.smithbowyerclarke.co.uk/services/clandestine-entrants-and-defending-civil-penalties/.
It is quite common for an unsatisfactory maintenance inspection to result in both you and your drivers being interviewed under caution by the DVSA. This is their opportunity to quiz you about any potential offences that may have come to light from an inspection of your records. These could include suspected tachograph offences, maintenance failings, use of unauthorised operating centres, and anything else they think they have identified. Your transport lawyer will be able to contact the DVSA to try to find out what their concerns are, assist you in preparing for your interview and be present with you throughout to advise and ensure your rights are protected.
Tachograph Offences: Facing investigation or prosecution for tachograph offences? We can help you. Our transport solicitors and barristers are all highly experienced in this technical area of law. Whether you are facing criminal prosecution, a hearing before the Traffic Commissioner, or a DVSA / VOSA investigation, make sure you get specialist, confidential legal advice. Call us today on 01332 987420 or email info@smithbowyerclarke.co.uk. Operators should be aware that offences found during roadside stops will usually lead to a DVSA / VOSA inspection of your operating centre. Find additional information at Road Transport Lawyer.