HGV & PSV Regulatory Law
Operator Licence Applications and Variations
At Transit Legal, I offer specialised advisory support for HGV and PSV operators navigating the complex process of applying for or amending an Operator’s Licence. This essential step is critical for your business, as operating without a valid licence is not an option. I provide guidance on all aspects of the application, including advice on choosing an operating centre and appointing a qualified Transport Manager, as well as meeting financial requirements. Additionally, I help preempt potential issues that could trigger public inquiries, preparing you thoroughly if one becomes necessary. My goal is to ensure a smooth, compliant application process, safeguarding your business and keeping your operations running seamlessly.
Public Inquiry
If you have been called to a Public Inquiry, it is essential to understand the gravity of the situation and prepare thoroughly. As an HGV or PSV operator, this hearing is your opportunity to prove your fitness, repute, and compliance with regulatory standards essential for holding an Operator’s Licence. Public Inquiries can arise from a range of issues, such as licence variation requests, financial concerns, or questions about your Transport Manager’s competence. With my expertise in transport regulatory law, I provide tailored support to help operators navigate the Inquiry process, ensuring all requirements are met and helping to safeguard your licence. I also assist Transport Managers called to account for their professional repute and competence. If your licence or role is at risk, contact Transit Legal to secure the specialist representation needed to protect your operation and maintain business continuity.
Driver Conduct Hearing
Driver Conduct Hearings can be a daunting experience, so it is crucial to understand the process and prepare effectively to protect your vocational driver’s licence. As a transport solicitor with expertise in regulatory matters, I provide guidance and representation throughout the hearing. Driver Conduct Hearings, conducted by the Office of the Traffic Commissioner, can arise from various issues such as tachograph offences, speeding, mobile phone use, or other infringements. I provide a fixed-fee service that includes reviewing the evidence against you, advising on preparation steps, contacting the Commissioner’s office on your behalf, and representing you during the hearing to achieve the best possible outcome. For expert support with your Driver Conduct Hearing, contact Transit Legal to safeguard your licence and career.
Preliminary Hearing
A preliminary hearing is a regulatory meeting convened by the Traffic Commissioner when there are specific concerns regarding how your business operates its vehicles. Unlike a public inquiry, which can lead to significant penalties, a preliminary hearing may feel less formal but should not be underestimated; it carries serious implications for your operator’s licence. During these hearings, both directors and transport managers must attend, and compliance records are subject to inspection. Although the Traffic Commissioner cannot revoke or suspend your licence at this stage, they can escalate the matter to a full public inquiry if they remain unsatisfied with your responses. Common reasons for being called to a preliminary hearing include incidents such as bridge strikes, maintenance failures, and driver hours offences. Proper preparation and legal representation are crucial, as failing to address the issues raised can result in further scrutiny and potentially escalate to a full inquiry. At Transit Legal, I offer specialised legal support to ensure you navigate these hearings effectively and protect your business's interests.
Tachograph Offences
Tachograph offences are serious violations of the regulations governing drivers’ hours, which exist to combat driver fatigue—a leading cause of road accidents. Both European and UK domestic regulations impose strict limits on driving hours and require accurate record-keeping through tachographs. Offences can arise from various actions, including driving without a tachograph card, falsifying records, or using devices to interfere with tachograph equipment. Drivers are responsible for using the tachograph correctly, while operators must ensure compliance and proper training for their drivers. Detection of tachograph offences can lead to penalties, court summonses, or investigations by the Traffic Commissioner, with significant consequences for both drivers and operators. If you are facing an investigation for tachograph offences, it's crucial to seek expert legal advice. At Transit Legal, I can guide you through this complex area of law, helping to protect your rights and your business.
Drivers Hours & Working Time Offences
As an HGV haulage and logistics operator or PSV coach and bus operator, it is essential to adhere to the Working Time Directive and relevant regulations governing drivers’ hours, which dictate maximum driving times and mandatory breaks. Employers must monitor their drivers’ working hours to ensure compliance with GB domestic rules and EU regulations, including taking breaks after specified driving intervals. Breaches can result in severe penalties, such as unlimited fines, criminal convictions, and loss or suspension of driving and operator licenses. Therefore, seeking expert legal guidance is crucial when facing allegations of drivers’ hours offences, as legal representation can help navigate compliance complexities and minimize regulatory repercussions.
DVSA Investigations
Being investigated by the DVSA can pose significant challenges for any operator of goods vehicles or buses. The Driver and Vehicle Standards Agency (DVSA) oversees the licensing system and conducts inspections to ensure compliance with regulations. Investigations typically include fleet inspections, reviews of compliance records, and potential interviews under caution with relevant personnel. Outcomes of these investigations can vary from referrals to the Traffic Commissioner for a Public Inquiry to criminal prosecution of the company or its staff. At Transit Legal, I provide expert legal support to navigate these complex investigations, helping to assess compliance risks, represent you in communications with the DVSA, and implement necessary operational changes to prevent escalation of regulatory issues. My goal is to assist you in maintaining a compliant operation and a positive relationship with regulators, ultimately safeguarding your business's success.
Appealing Fines
I offer dedicated support for appealing a range of road transport fines, including penalty charge notices (PCNs). With a thorough understanding of the appeal process and the grounds for challenging PCNs, I assist clients in identifying any errors in the issuing of fines and preparing strong representations. From gathering evidence to submitting appeals, I work closely with clients to ensure their cases are presented clearly and effectively, maximising the chance of a successful outcome. My aim is to help clients resolve these issues efficiently, allowing them to focus on their core operations without unnecessary financial strain.