DVSA Investigations and Prosecutions
DVSA Investigations and Prosecutions
At Rotheras, our transport and regulatory lawyers have years of experience representing transport businesses and individuals undergoing regulatory investigation and prosecution by the DVSA. We are one of the few leading law firms that specialise in this niche area of law.
We provide a truly nationwide service, with clients including:
- Goods vehicle (HGV) and passenger transport (PSV) operator licence holders
- Standard national, standard international, and restricted operator licence holders
- Company directors
- Transport managers
- Professional drivers
We will work closely with you and your businesses at every stage of a DVSA investigation, including:
- Public Inquiry hearings with the Traffic Commissioner
- Inspections of your tachograph and drivers hours’ compliance
- Interviews and questioning “under caution”
- Inspections of your operating centre and maintenance records
- Roadside stops, fixed penalties and PG9s
- Criminal prosecutions at the Magistrates and Crown Court
- Document production requests
Undergoing a DVSA regulatory or criminal investigation can be an extremely stressful process. In many cases it can bring to light compliance failings of which the directors of the business were wholly unaware. Fast, effective action at an early stage can have a significant positive impact on the outcome.
Our transport solicitors will work closely with you to help navigate the road transport and operator licensing regulatory regime. We understand the damaging impact a Traffic Commissioner Public Inquiry or a criminal prosecution can have on your business, your reputation and your livelihood.
Offences and infringements
Common offences and infringements that can arise from DVSA investigations include:
- Drivers’ hours and tachograph offences
- Vehicle maintenance failings and PG9s
- Failing to keep proper records
- Operating from an unauthorised operating centre
- Changing maintenance provider without informing the Traffic Commissioner
- Overloading or insecure load offences
Legal representation at every stage of the investigation
Our road transport lawyers will work closely with you throughout every stage of the investigatory process to get the best outcome possible. The typical stages of a DVSA investigation are:
At the early DVSA investigation stage we will:
- Liaise directly with the DVSA Traffic or Vehicle Examiner to seek further information about the investigation and to try resolve issues
- Represent you during any interview under caution and seek prior information about the questions that will be asked
- Identify any compliance failings with your business and help you to rectify them going forward
Traffic Commissioner Public Inquiries
If compliance failings or offences come to light as a result of the investigation, the matter will usually be referred up to the Traffic Commissioner for a Public Inquiry. We will:
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“Our experienced and specialist team represent clients nationally on a day-to-day basis”
Head of Transport Law
"Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
Tom Burden, Director of Rightbox Ltd
Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
Natalie is an Employment Law specialist with over 10 years’ experience representing both businesses and individuals across a range of employment services including settlement agreements, discrimination, dismissals and redundancy.
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, Transport Managers and drivers on all road transport regulatory matters.
Lindsey is a Chartered Legal Executive and Paralegal based in our transport and motorist offence department.
Billy advises businesses on a range of commercial and corporate issues and is happy to assist you with buying or selling businesses, corporate mergers and shareholder agreements
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.