drivers' hours and records

The drivers of large goods and passenger-carrying vehicles are regulated in regard to their hours of work and the records they must keep by domestic and EC regulations. The Motoring Offences team have in-depth expertise on advising drivers and operators of such vehicles regarding records, whether any exemptions apply, when such a record has to be started and concluded, and whether such records should be completed manually and/or automatically. Non-compliance with the requirements can result in a prosecution being brought by the police or the Vehicle and Operator Services Agency against the drivers and operators of such vehicles. Infringements are punishable by the courts by way of financial penalties.

Non-compliance with the relevant provisions can also result in operators and drivers being required to attend before the Traffic Commissioner at public enquiries. The Traffic Commissioner has considerable powers to revoke or limit an operator's licence. Revocation of an operator’s licence invariably has catastrophic consequences as it can impact earning capacity. The statutory and regulatory framework upon which the Commissioner acts is complicated and the preparation for and representation at public enquiries is a highly specialised area. No operator should appear before the Traffic Commissioner without experienced legal representation - the Motoring Offences team is equipped to provide the required specialist advice and representation in such circumstances.

Prosecution of any operator or driver for breach of the Construction and Use Regulations can also have serious implications both in terms of having to appear before the courts and/or the Traffic Commissioner. Breaches of the Regulations in regard to steering, brakes or tyres attract endorsement in addition to financial penalties. Only a few solicitors in England and Wales are sufficiently experienced to represent drivers and operators in this specialist area and the Motoring Offences team has the relevant experience to ensure that all operators and drivers receive the appropriate advice and representation.

penalties

There are penalties for failure to comply with these requirements that can affect both the individual driver and fleet operator.

case studies

Click here to view motoring offences case studies.

For more information, please contact Philip Somarakis, a partner in the Motoring Offences team, on 01865 254277; email philip.somarakis@bllaw.co.uk