Driver Conduct Hearings
As a professional HGV or PSV driver, your professional drivers licence is regulated by the Traffic Commissioner. If the Commissioner has concerns over your conduct, they may call you to a driver conduct hearing. At that hearing the Commissioner will ask you about the allegations, and may choose to take action against your licence. This can include revoking it, suspending it, or issuing a formal warning. Our transport advocates have years of experience representing drivers at conduct hearings across the UK.
We offer free initial consultations and fixed fees.
Reasons to be Called to a Driver Conduct Hearing
A driver may be called to a driver conduct hearing for a wide range of reasons, for example:
- A period of driving disqualification has come to an end and you want your class 1 and 2 entitlements back
- Tachograph offences have taken place
- You have incurred motoring points or convictions either at work or in your private car, for example:
- Drink driving
- Using a mobile phone
- Failing to provide driver details
- You are applying for a new licence but have serious criminal convictions on your record
The conduct requirements for PCV licence holders are even stricter.
For this reason, many drivers choose to be represented at their hearing by a transport solicitor. A court hearing can be a stressful experience, particularly if you are not used to speaking in public. We will help you to present your case and explain the full circumstances to the Commissioner. We will also advise you what action you can take prior to the hearing to give you the best chance of a successful outcome.
Penalties arising from a Driver Conduct Hearing
In deciding whether you meet the test of “fitness” to hold a licence, Traffic Commissioners will have regard to the Senior Traffic Commissioner’s Statutory Guidance Documents. Penalties can range from a formal warning through to a suspension or revocation of your licence.
In some cases, a driver conduct hearing will take place after a conviction in the criminal courts. This is commonly the case for tachograph and motoring offences. In these cases, our transport solicitors can represent you at both a driver conduct hearing and at the Magistrates or Crown Court.
At other times, a driver conduct hearing may be combined with a Public Inquiry for your employer . Understandably this can be very stressful. Legal representation is essential in these circumstances.
Speak to one of our specialist road Transport lawyers on 0115 910 6218 or email firstname.lastname@example.org. We offer free initial consultations and fixed fees.
Our motoring defence team can also assist you with any of the following:
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Posted 27 January 2020
This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.
Posted 27 January 2020
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.
Posted 4 February 2020
We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.
Posted 4 February 2020
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.
Chris Powell is an associate solicitor at Rotheras, specialising in road transport law and motorist defence. He advises and represents haulage and PSV operator licence holders and drivers on all road transport regulatory matters.
Joanne Derbyshire is a Trainee Solicitor currently in the Transport department.
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.
Elizabeth Shaw is a paralegal in Rotheras Transport department and is based at our Lace Market office.
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Restrictive Covenants: Can an existing restriction prohibiting further development be modified by the courts if deemed reasonable?
Posted on 07/08/2020