Road haulage solicitors 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.
Every year, many thousands of illegal migrants break into and hide inside vehicles entering the UK. In most of these cases you, as the haulier operating the vehicle, will have no idea that the migrants are on board. Despite this, if one your vehicles is stopped by the UK Border Force with migrants on board, you can expect to receive a heavy fine (Civil Penalty) unless you can demonstrate that you had proper systems in place to prevent the migrants accessing the vehicle and that the system was working effectively at the time your vehicle was stopped. Once illegal migrants have contaminated one of your loads, in many cases that load will be condemned in its entirety. This is expensive, damaging to your reputation, and can jeopardise future work. At Smith Bowyer Clarke, we have links with a specialist cargo restoration service with average load recovery rates of 85-90%. Contact us to find out more.
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. Discover more details at O licence application.
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.
During an operating centre inspection, the DVSA / VOSA will want to analyse your tachograph records and may want to download data from your vehicles and from the driver cards. If tachograph offences are found, the operator can expect to be interviewed under caution about them. Following the interview, the inspection officer will compile a report of their findings. Depending on the seriousness of any tacho infringements found, the operator may be prosecuted, or called to Public Inquiry with the Traffic Commissioner. For more information, speak to one of our specialist transport defence lawyers today. See even more information on https://www.smithbowyerclarke.co.uk/.