The road transport sector is heavily regulated. It is a complex area of law that requires expert advice.
If you are a director, partner or sole trader in a business using passenger or large goods vehicles, including agricultural vehicles, you probably hold an Operator’s licence and hence are regulated by the Office of the Traffic Commissioner. Your licence is at risk if not properly managed. You and your business may also be at risk of investigation and prosecution from other enforcement agencies that regulate not only transport, but health and safety, the environment and other business-related matters.
Preventative action is better than fire-fighting!
We encourage both existing transport companies and new operators to seek early advice from us to:
- plan and draft an application for a new operator’s licence or vary an existing operator’s licence
- liaise with and make representations to the Office of the Traffic Commissioner on all matters
- establish new operating centres correctly, understand the continuing requirement for financial standing, comply with environmental, drivers’ hours (including road transport working time) and vehicle maintenance regulations
- understand and manage the crucial role of the nominated transport manager
- handle notification of convictions and fixed penalty notices to the Office of the Traffic Commissioner
- take preventive measures to reduce risk by undertaking audits of current transport operations or provisions to ensure continuing compliance
- represent you at Public Inquiries and Preliminary hearings before the Traffic Commissioner. Defending Operators and individuals (e.g. directors, partners and transport managers)
- prosecuted by the Driver and Vehicle Standards Agency (DVSA), the Police and the Crown Prosecution Service in both the Magistrates’ and Crown Courts
- produce employment contracts for transport managers, agency and self-employed drivers, advising on disciplinary procedures
- embark on effective business succession and planning, the implication of changes of entity; mergers and acquisitions and company restructuring transport abnormal indivisible loads
- commence review and objection following impounding and seizure of both a vehicle and load by Border Force or DVSA
- challenge and appeal penalties imposed for clandestine entry of stowaways into the UK by road transport
- challenge and appeal vehicle and load seizure by HMRC for non-payment of duty through condemnation proceedings or by restoration.
This is just a selection of the services we offer for those operating transport businesses. Some will impact on all – others less so.
Our road transport law expertise
- Office of the Traffic Commissioner
- Operator’s licencing: new applications and variations
- Operator’s licensing: audit support
- Driver conduct hearings
- Border Force: clandestine entrants
- Vehicle impounding by DVSA, HMRC or Border Force
- Passenger vehicles and operator licensing
- Taxi licensing hearings
- Equestrian transport.
Our expert legal team provide sound advice and representation at every stage of the proceedings in accordance with our client’s instructions and best interests.
Contact our Regulatory & Crime department in East Anglia
For practical advice on road transport law, as well as any other business legal advice you need to reach your goals, get in touch with your local Ashtons Legal team in Cambridge, Bury St Edmunds, Ipswich, Norwich and Leeds.
To set up an initial consultation:
- Give us a call on 0330 404 0767; or
- Fill in our simple online enquiry form and we will be in touch shortly.