The transport sector is heavily regulated and will continue to be so post-Brexit. 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 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 provision, 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. If you are unsure as to whether we are able to assist please contact one of our Specialist Transport lawyers for a FREE no obligation discussion.