Offences concerning Operator’s Licences can often be an extremely technical and complex area of the law. In general criminal cases, the vast majority of cases take place in the Magistrates’ Courts or the Crown Courts whereas with matters concerning Operator’s Licence, the Traffic Commissioner is King.
Operators can often commit offences without even realising and offences can be committed where operators fail to adhere to conditions attached to their licence. Some of the more serious offences can result in a prison sentence of up to 2 years and/or unlimited fine .
Our specialist motor law team at Olliers Motoring Law possess in depth knowledge of the legislation and procedures involved in all aspects of Operators’ Licensing. We can provide comprehensive assistance for the following:
- Application for operators licence
- Prosecutions in the UK
- Public Inquiry
- Driver Conduct Hearing
Operator Licence & Tachograph Offences
The list of offences that can arise from this area of legislation seems endless and cannot be listed entirely on this site. If charge with an offence we would strongly urge you to contact us.
Roadside checks by Traffic Examiners on behalf of VOSA are common particularly at ports and may result in various defects being identified. The most common defects often relate to tire-tread, brakes, lights etc which can result in the following common penalties:
“S” mark (PG9) – Is an immediate prohibition which will be investigated by VOSA
Graduated Fixed Penalty- These are being issued more often by examiners in an effort to reduce the amount of cases brought before the Traffic Commissioner. A GFP can be issued for up to 3 separate offences on one vehicle so the fines can total up quite quickly as each defect is given its own fine. Foreign drivers have one hour to pay the fine whereas GB residents have up to 28 days. VOSA agents often issue GFP’s in error and we would urge you to seek legal advice prior to paying any penalty. The vehicle will be immobalised with an £80.00 release fee which can be a huge inconvenience for Operator’s as the knock on effect of having a stationary vehicle can be severe.
Full VOSA Investigation: In cases that are serious enough a full investigation my be ordered. We would strongly urge you to seek legal advice in the event this should happen.
Several offences can arise that relate to tachographs whether it be in respect of drivers’ working hours and the EU Regulations or something vastly more serious such as fraud or conspiracy.
We can offer comprehensive advice in respect of this and recommend that you contact Motoring Lawyers for Tachograph Offences
Operator Licences for Goods Vehicles
A new agency with responsibility for maintaining vehicle standards was launched on 28 November 2013. The Driver and Vehicle Standards Agency (DVSA) combined the Vehicle and Operator Services Agency (VOSA) and the Driving Standards Agency (DSA). The DVSA is responsible for dealing with all matters relating to Operator’s Licences.