Members of Chambers regularly advise and represent clients at hearings before the Office of the Traffic Commissioner. We enjoy a considerable track record in this area of law and are recognised as a leading chambers nationally for the service provided.
Members have represented a variety of Operators, Transport Managers and Drivers at a variety of hearings – from Preliminary Hearings, to Public Inquiries, to Driver Conduct Hearings – and on appeal to the Upper Tribunal, following unsuccessful results at Public Inquiry. Additionally, Chambers have represented Operators at Impounding Hearings, following the seizure of vehicles by DVSA.
Chambers have encountered all types of issues typical to Traffic Commissioner inquiries, these have included:
- General non-compliance with undertakings (drivers’ hours; infringements; maintenance).
- Environmental concerns.
- Bridge strikes.
- Type of operator licence/Operating without a licence.
- Convictions (both driving and non-driving related).
- Unauthorised use of in-scope vehicles etc.
- Possible loss of repute due to convictions, maintenance failings (late PMIs, inadequate roller brake testing etc.), DVSA offences, wheel-loss incidents, failure to report changes etc.
- Loss of repute for transport managers due to no continuous and effective control.
- Allegations of fronting for previously revoked operators.
- Failure to notify the traffic commissioner of material changes or convictions.
- Questions of whether the operation is truly restricted or if it requires a standard licence.
- Tachograph fraud and other record keeping offences.
- Vehicles have been involved in accidents causing death.
- Cases involving lead traffic commissioners, the process of their nomination and their powers over licences outside their traffic area.
- Overloading and unsecured loads.
Our barristers specialising in transport regulation also represent operators and drivers in criminal proceedings. Criminal proceedings often occur before Traffic Commissioner hearings. Our barristers know the importance of tailoring a criminal defence which will also assist in subsequent proceedings before the Traffic Commissioner. Examples of such criminal offences are:
- Tachograph and recording device offences.
- Drivers’ hours offences or fraud in relation to drivers’ hours records.
- Forgery of operator licences.
- Construction and use offences of HGVs and buses.
- Offences relating to abnormal load and STGO Movement Orders.
Such is our expertise in this area, we are regularly asked to provide seminars on these topic to both legal professionals, trade bodies and transport managers.
“Lincoln House Chambers has a solid team of barristers with special knowledge of driving offence cases.” Chambers and Partners, 2024
“Richard Dawson is notable for his transport expertise” Legal 500, 2024