Fatigue in drivers is a serious matter.  A tired driver can kill which is why both EC and Domestic regulations exist to govern driver's hours.

EC rules apply to drivers of most vehicles, used for the carriage of goods, where the maximum permissible weight of the vehicle (including that of any trailer or semi-trailer) exceeds 3.5 tonnes.  They apply to all journeys made entirely in the UK and the EC.  There are exemptions which depend on the type of vehicle, or the type of work being done. 

 Any vehicles exempt from EC regulations are covered by UK domestic rules when operating in the UK (unless exempt). 

 Whilst these regulations primarily exist to maintain road safety, they are also designed to ensure fair competition between Transport Operators.

i.                    European: EC Regulation 561/2006

Daily Driving Shall not exceed 9 hours with an exemption of twice a week when it can be extended to 10

Weekly driving Shall not exceed 56 hours 

Fortnightly driving Shall not exceed 90 hours

Daily Rest Shall be at least 11 hours which can be reduced to 9 hours 3 x a week.  (Daily rest can be split between two periods of at least three hours rest followed by at least nine hours rest) 

Daily Rest Breaks of at least 45 minutes should be taken after 4 ½ hours of driving (this can be separated into two breaks of at least 15 minutes followed by a break of at least 30 minutes)

ii.                   Domestic Law: Transport Act 1968 - Section 96

Daily Duty Limit: Shall not exceed 11 hours in any working day

Daily work: Shall be recorded on a weekly record sheet or on a tachograph

1.       Casual deceit - simple manipulation of hardware or documents 

2.       Removal - removal of the Card and either driving without a card in the head or entering a manual entry to show a ‘break’ 

3.       Second Card – use of another driver card to record some of the work undertaken

4.       Tampering with the supply – use of an interference device 

Who is responsible for compliance with drivers’ hours rules?

 The Driver is responsible for correctly operating the instrument in order to accurately record their activities.  If using a digital tachograph, the driver must carry his digital tachograph card and any manual records and printouts made. If using an analogue tachograph, the driver must have any analogue charts for the current week and the previous 28 calendar days.

 The Operator is responsible for maintaining tachograph equipment, monitoring drivers’ hours and working time records and ensuring their drivers are fully trained. They must not give drivers payments which could encourage breach of the regulations including bonuses related to distance travelled, or the amount of goods carried. Driver cards should be downloaded every 28 days (as a legal maximum) and vehicle units every 90 days (as a legal maximum).  

 What Can happen in the event of discovery by DVSA / Police?

 When drivers’ hours offences are detected, drivers are either: 

•       Issued with a fixed Penalty

•       Reported to the Traffic Commissioner 

If the Operator is Investigated and prosecuted for permitting the offences then, as a summary only offence, they risk an unlimited fine. 

If DVSA can prove that the owners and/or management of a transport company have been aware of driver’s hours offending by drivers, then they and the drivers can be prosecuted for the more serious offence of conspiracy which could result in a lengthy prison sentence if convicted. 

For a full explanation of EU Tachograph Rules and GB Domestic Rules please visit Drivers' hours: EU rules - GOV.UK (www.gov.uk). 

The criminal courts and the Traffic Commissioner take drivers hours infringements very seriously.  If you are being investigated for tachograph offences, then contact us for advice and our team of specialist solicitors will help you navigate what will undoubtedly be a difficult and stressful time.

You may have been requested to attend an interview with the DVSA or the Police. 

DVSA/Police Interview assistance | CE Transport Law

Although you may be tempted to attend unrepresented to save costs, anything you say during that interview will be recorded and can later be used, either at a Public Inquiry, or Court proceedings as evidence. The effect of what you say in those early days of the investigation process may have a substantial effect on your business.

Our solicitors have each acquired over 15 years of experience in representing clients during interview with various government agencies and the Police. 

Our solicitors are advocates who have spent many years appearing at police stations and DVSA offices nationally in order to get the best result for our clients. 

If you are concerned about the cost of involving a solicitor, call to get a quote first. The cost will often depend on the travelling time and the complexity. We can also arrange to conduct a telephone conference call for a limited fee so that you can take a advice in advance of the interview itself. 

There are limited reasons why a Court may decide not to disqualify in cases which would ordinarily involve obligatory disqualification or decide not to impose penalty points in cases which would ordinarily require endorsement. Those reasons have become known as “special reasons”. 

It is important to understand that even if you can establish that you had a special reason for driving in the way that you did (either carelessly, dangerously or whilst over the prescribed limit) you may still be banned from driving if the Court decides not to exercise its discretion in your case. 

Although there is no statutory definition, case law tells us that a special reason must:

Be a mitigating or extenuating circumstance

Be directly connected with the commission of the offence

Be one which the Court should properly take into consideration when imposing sentence.  

Examples of special reasons which have previously succeeded include shortness of distance, the “laced drink” argument and emergency. Examples of reasons which have not succeeded include hardship and triviality of offence. 
There is significant case law in relation to this field of law and you would be well advised to take advice regarding the adequacy of the reasons you wish to put forward, before embarking on this course.

Many of our clients have been summonsed to attend Court because they already have nine penalty points on their license and the imposition of further penalty points will result in their disqualification from driving. This is known as “totting up”. 

If you believe that there may be grounds for persuading the Magistrates to avoid a disqualification, or to lower the obligatory term, you can raise an “exceptional hardship” argument. 

Circumstances which will not be taken into account:

Any which attempt to argue that the offence is “not that serious”

Hardship (other than exceptional hardship)

Any circumstances which were taken into account on an exceptional hardship argument less than three years ago

It is worth bearing in mind that the effect of a disqualification is punitive. Almost every order for disqualification will involve a degree of hardship to the holder of the license. For hardship to be “exceptional” if must be more than is normally suffered. 

Loss of employment and financial difficulties are consequences which may normally follow a disqualification. For the facts of the case to be exceptional, they would have to involve more than the ‘normal’ consequences of loss. If others are also going to be adversely affected by your disqualification, or even lose their job and/or home then these are circumstances which may more readily fall into the category of exceptional. 

We have been conducting exceptional hardship arguments for over for over 10 years and can quickly advise on your prospects of succeeding in relation to your own set of circumstances. If your case is an exceptional one then we can provide you with a fixed fee for preparation and representation on the day.

It is an offence for a person to drive (or attempt to drive) on a road or other public place with excess alcohol. It is also an offence to be in charge of a vehicle with excess alcohol.

Drink Driving Solicitors | C E Transport Law

Ordinarily, you will be the subject of a roadside breath test where the standard of your driving has given rise to a suspicion that you may be under the influence. Alternatively, you may have been pulled over during a random stop check and then either confirmed that you have consumed alcohol or given rise to a suspicion that you have by way of your demeanour.

If the police suspect alcohol consumption, or indeed you confirm this, then you will then be required to provide a roadside specimen. A positive result from this will result in you being escorted to custody and placed on the evidential breath machine. 

You will then be asked to provide two samples of breath.

Those samples cannot usually be delayed whilst you wait for legal advice. The result of the lower reading of those two samples will determine whether the proportion of alcohol in your breath exceeds the legal limit and so whether you will be charged and required to attend Court. The police may also require you to provide a sample by way of blood or urine. If you refuse to provide a specimen without reasonable excuse, that is in itself a criminal offence. 

The penalty for drink driving depends on the reading which you provided and whether you have been convicted of this offence in the last 10 years (amongst other factors). 
The sentence for this (and most other) offences commonly dealt with in the Magistrates Court can be found in the Sentencing Council Guidelines which were updated in January 2017.

With a long and established career of representing clients at the police station and in the Magistrates Court we can advise you as to how to get the best result in the circumstances. We also specialise in tachograph offences like falsification and driver’s hours. 


If you have been summonsed to attend Court but would like to take provisional advice regarding the likely outcome then please get in touch. We will be able to give you a fixed price for submitting a plea in mitigation in writing, attending in your place or where appropriate attending with you in order to put forward your case. If you believe that you have been wrongly accused, then we can assist you to fight the case against you, using the best representation and experts at our disposal. 

It is an offence for a person to drive (or attempt to drive) a mechanically propelled vehicle on a road or other public place while unfit to drive through drink or drugs. It is also an offence to be in charge of a vehicle when unfit. 

It is an offence for a person to drive (or attempt to drive) on a road or other public place when the level of a specified drug exceeds the prescribed limit for that drug use. 

Whereas previously the police had to establish that the presence of drugs in your body had an adverse effect on the quality of your driving, that requirement was scrapped on 2 March 2015, making the offence easier to prove. If you are over the limit (and there are virtually ‘zero’ tolerances in relation to some drugs) then you will be guilty of the offence. 

It is a defence if you can establish that the drug was provided for medical or dental purposes, that the drug was taken in accordance with a prescription and the manufacturer’s directions and/or your possession of the drug immediately before taking it was not unlawful.

The penalties are broadly similar to those of Excess alcohol although the key factors for the Magistrates to assess when determining penalty and disqualification are your culpability and the harm caused. 

Vehicles can be impounded where the DVSA have reasonable cause to suspect that a vehicle is being used illegally. You have a right to apply to a traffic commissioner for its return subject to proof that you are the lawful owner of the vehicle. 

Impounding | CE Transport Law

The impounding regime was brought in by the Goods Vehicles (Enforcement Powers) Regulations 2001, which were subsequently amended by further regulations in 2009.

The only person entitled to apply, (under Regulation 10 of the 2001 Regulations) for the return of an HGV (or under Regulation 11 of the 2009 Regulations for the return of a PSV), is the owner at the time of the impounding.

Since it is only the owner who is entitled to apply for the return of an impounded vehicle Traffic Commissioners are entitled to determine the issue of ownership first.  As a result, you would be well-advised to obtain and retain documentary evidence to demonstrate how, when and from whom you acquired ownership of the vehicle.  

The most usual argument is that an Operator was not aware that his vehicle was being used without a licence. The question of what amounts to “knowledge” has been considered extensively by the Upper Tribunal. 

As a general rule the DVSA witnesses should give evidence first at a hearing, where they must establish the case for impounding the vehicle. You will then give evidence, with the burden of proof being on you to establish one of the above ground/s for the return of the vehicle. It will be for you to establish that you had no knowledge of the contravention at the time when the vehicle had been used.

Traffic commissioners are advised to find such facts as they can on the evidence and then decide whether you have discharged the burden of establishing, on balance, that you did not have actual, imputed or constructive knowledge. The vehicle, if not returned, will then be sold with the proceeds being returned to the Operator but only after the storage and any other costs have been deducted.

Those dissatisfied with a Traffic Commissioner’s decisions have the right to appeal to the Upper Tribunal and, if necessary, go even further. Subject to proof of ownership, you may be able to resolve the issue by way of a consent order (if there has been some wrongdoing), where you agree to pay the costs of the case, subject to the return of your vehicle. 

You may have to attend a public inquiry if:

There is an issue with your application for a licence

Someone has objected to your application for a licence or a change to your licence

It is alleged that you haven’t kept to the conditions of your licence, eg you’ve used more vehicles than permitted     

There are environmental concerns about a goods vehicle operating centre on your licence

Your conduct has come into question, eg you’ve been caught using a mobile phone while driving

Public Inquiry | CE Transport Law

You may have to attend a Public Inquiry in order to prove that you should be granted a licence. The application may be called to a hearing if the Commissioner has concerns regarding your repute / fitness, if there are questions of professional competency (regarding the proposed Transport Manager) or issues around the finances of the business.

 It is surprising how many public inquiries are actually started by the operator themselves! Most operators do not appreciate that if they apply for an increase in their vehicle authorisation, or a variation to their operating centre, this is likely to result in a visit from the DVSA. 

That result can impact positively on the application, but if it occurs at a time when the operator is already stretched to the limit, it may reveal shortcomings in the way they are dealing with compliance. 

Traffic Commissioners will be guided by the decisions of the Appellate Jurisdiction (the Upper Tribunal) to try and ensure consistency in reaching their own decisions.  They also apply the Senior Traffic Commissioners Guidance as set out in the Statutory Documents. 

We have been representing Operators at Public Inquiry for over 10 years and have appeared in all of the traffic areas in the United Kingdom. We believe you will be satisfied that what we offer is professional guidance for a sensible price.

Since December 2011, Traffic Commissioners (TCs) have had the power to call transport managers to Public Inquiry in their own right. We are frequently instructed to represent Transport Managers who have been called up separately to the Operator, and in some case years after the shortcomings alleged took place. 

in the case of an external transport manager, not be prohibited from acting as a transport manager, and not be acting in that capacity for more than 4 operators, and/or be responsible for more than 50 vehicles (the ‘4 & 50’ rule)

The call-up letter sets out the definition of a Transport Manager as “an individual who is designated by the holder of a licence by means of a contract who effectively and continuously manages the Transport activities of that business”.

At the hearing, the Traffic Commissioner will decide whether you fulfil the requirements in respect of your good repute and professional competence.

If they decide that you are either no longer of good repute or professionally competent, they must disqualify you (either indefinitely or for a finite period) from acting as a transport manager. This disqualification, for the moment at least, applies throughout the European Union.

In addition to making a disqualification order, a Traffic Commissioner can specify measures which you must comply with before the order can be cancelled or varied. They can also stipulate rehabilitation measures. Those measures can include the passing of a stipulated period of time or the requirement for you to regain professional competence by way of the examination.

If you are worried about a Public Inquiry, then please get in touch for a quotation and see if we can assist you on the day. Alternatively, you may previously have been disqualified by the Traffic Commissioner and would like to take advice on how to take up a new position and have your repute restored. This is something we can advise on. 

If you have received a letter from the Traffic Commissioner requiring you to attend a driver conduct hearing, you may be wondering what to do. In this section, we try to answer the most frequently asked questions to assist you in planning for the hearing ahead and achieving the best possible outcome in the circumstances.

We can submit an appeal on your behalf if you believe you have been the subject of an unduly harsh or unjust outcome. This may be an appeal from a driver conduct hearing, following a Public Inquiry or an application for the return of an impounded vehicle. 

A Licence holder, transport manager, applicant or statutory objector who is dissatisfied with a Traffic Commissioner’s decision can appeal to the Administrative Appeals Chamber of the Upper Tribunal. 

There is a form to be completed, which should (usually) be submitted within one month of the Traffic Commissioner’s decision being published. 

The length of time is takes for a hearing to be listed has been extended quite significantly in recent years, making the application to stay the effect of the Traffic Commissioner’s decision all the more important.  That application would be made initially to the Traffic Commissioner, but failing that to the Upper Tribunal. 

It is necessary to bear in mind that such an appeal is not, for example, the equivalent of a Crown Court hearing an appeal against conviction from a Magistrates Court, where the case effectively begins all over again and is simply reheard. Instead, an appeal before the Upper Tribunal takes the form of a review of the material before the Traffic Commissioner. 

It is also important to note that you bear the burden of showing that the decision under appeal is wrong and that, in order to succeed, you must show that “the process of reasoning and the application of the relevant law require the tribunal to adopt a different view”.  Put another way, it might be said that in order to succeed you have to demonstrate to the Upper Tribunal that a decision of the Traffic Commissioner was “plainly wrong”.

The Tribunal has the power to hear and determine all matters (whether of law or of fact). They may then make “such order as it thinks fit”; or remit the matter to a different traffic commissioner for rehearing.

Part IV of the Road Traffic Act 1988 (as amended) gives Traffic Commissioners the responsibility to consider, based on their conduct, the suitability of drivers who hold, or apply to hold, LGV & PCV licences. In the case of LGV holders or applicants “conduct” refers only to conduct as a driver of a motor vehicle, whilst for PCV holders or applicants it also refers to any other matter relevant to the holding of a PCV licence. 

A Traffic Commissioner will deal with many cases by correspondence, rather than requiring an application or a vocational licence holder to attend a hearing. If you are given the option to attend, the hearing is relatively informal and you will be expected to explain the circumstances surrounding the issue of your conduct. Any training or development you have completed can be helpful. 

At the conclusion of the hearing, the Traffic Commissioner will decide whether to issue a formal warning, suspension, revocation or disqualification (either time-limited or indefinite).  

If you wish to appeal against a Traffic Commissioners decision you should appeal to your local Magistrates or Sheriffs Court. This should be lodged within six months of the decision. 

That hearing will then be listed for hearing at the Magistrates Court and will involve both the solicitor attending on behalf of the Traffic Commissioner (or Secretary of State) and you making submissions regarding the appropriateness of the outcome. Ordinarily, you would prepare submissions prior to the listing of your case, in order to shorten matters on the day. For this reason, the Magistrates may decide that they want to have a Case Management hearing in order to understand the issues and get an idea of how long the case may take to determine.


On the day of your appeal, as you are the applicant, then normally you would make your submissions first. Although the Traffic Commissioner will not attend, they will instruct a representative. 

After hearing the submissions orally, the Magistrates will normally give a decision on the day. It is a matter for you whether you wish to give evidence. 


Get in touch for a quote you for the lodging of your appeal or representation before the Magistrates. 

The Road Transport Operator Regulations 2011 now give Transport Managers a right of appeal to the Upper Tribunal against an order made in respect of repute and/or professional competence. The same act allows the Traffic Commissioner to stay (or ‘halt’) that order pending appeal. If that application is refused you can still make the request for a stay to the Upper Tribunal. 


If the Traffic Commissioner upholds the decision to impound the vehicle, you can appeal against that decision to the Upper Tribunal. Again, this must (normally) be lodged within one month of the decision. 


The Upper Tribunal Secretariat will send notification of the appeal to the relevant Office of the Traffic Commissioner. If no appeal has been lodged after this time, the vehicle may be sold or disposed of. 


If you inform the Traffic Commissioner of your intention to appeal, they should notify the DVSA area office in order to prevent your vehicle being disposed of. 

Making strong submissions to the Traffic Commissioner while managing the public inquiry process from start to finish.

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Here's a bit more information about the picture above.

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We are often requested to represent operators at Public Inquiry in cases where ongoing correspondence and calls between the Office of the Traffic Commissioner and the operator have not managed to resolve outstanding issue(s). We would advise all operators to involve us if they appear to have reached a stage beyond which they are not making much progress or they are not clear what is being asked of them. The most common of those is a ‘Propose to revoke’ letter or a ‘Propose to refuse’ letter. 

We can check any response drafted by you or indeed prepare and submit a response on your behalf. It may well be that a short meeting or even just a telephone call can enable you to progress to the next stage or more importantly, avoid more substantial intervention. 

Similarly, you may have received a request from the DVSA to produce information, or co-operate with an interview. You may not be sure how to respond or indeed whether you are obliged to comply. 

We can offer clear and practical advice on the status of the request being made and explain your options. 

We have a range of specialisms that cover the key areas of transport law. To find out more about each area, click on a specialism below:

We are here to help, call us now or fill out an online contact form today.

Expertise

We are here to help, call us now or fill out an online contact form today.

Tachograph Offences

DVSA/Police Interview Advice

Driving Disqualification

Drink Driving

Drug Driving

DVSA Impounding

Public Inquiry

Driver Conduct Hearings

Traffic Commissioner Appeals

Drink & Drug Driving

DVSA/OTC Correspondence Advice

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