Martin Arthur

Overview

Operators run a greater risk than the average motorist of falling foul of the law simply because of the amount of time that their vehicles spend on the road.  Prosecutions may be brought by the Department for Transport Vehicle Inspectorate or by the Police.  They can arise, for example, from alleged breaches of Construction and Use Regulations, Drivers Hours Regulations or Operator licensing law, as well as the full range of Road Traffic Offences.

Prosecutions have an added significance to Operators because Traffic Commissioners must be notified of them and can take them into account when considering whether action should be taken against a licence.  For this reason it is recommended that Operators should not automatically plead guilty in the belief that it is the cheaper option.  It might not be.

If there is the slightest possibility of a successful defence it is worth getting the advice of a specialist because convictions should be avoided if at all possible.  This applies equally to vocational drivers.