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
This was my first experience using a solicitor, something I felt quite daunted about. Rotheras (Greg and Petra) put me at ease and were very helpful.
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rotheras. 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 Rotheras for their service.
We cannot recommend Chris Powell of Rotheras 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 Rotheras are the best choice.
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.
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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