DVSA Investigations and Prosecutions

Specialist legal representation for transport businesses undergoing DVSA investigations and prosecutions

At Rothera Sharp, 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:

We offer free initial consultations and fixed fees. Call us today on 0115 9106218 or email transportlaw@rotherasharp.co.uk

Our approach

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:

Early Investigation

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:

Magistrates and Crown Court Prosecutions

If the investigation identifies serious transport offences, including drivers’ hours infringements, overloading and record falsification, a criminal prosecution may commence. Our specialist transport defence advocates will:

  • Represent you and your business at the Magistrates and Crown Court on both contested trials and guilty pleas
  • Advise you on the strength of the evidence, mitigating and aggravating factors, and the prospects of appeal
  • Liaise with the prosecution with a view to discontinuing or reducing charges if possible
  • Advise you on sentencing and seek to keep any fine, financial penalty or custodial sentence as minimal as possible

Our separate motoring defence team can also assist with all private motoring defence matters.

To speak with a transport solicitor today call 0115 9106218 or email transportlaw@rotherasharp.co.uk for a free initial consultation.