Transport Solicitors

Commercial road transport is the lifeblood of the UK economy, which is why the logistics and passenger transport sectors are heavily regulated to protect road safety and ensure a level playing field. The commercial road transport solicitors at JMW provide a comprehensive range of legal services for commercial transport operators, dedicated to helping companies to remain in full compliance with the law.

Our transport law services address the legal requirements of organisations across the road transport industry, including the haulage, coach and bus sectors. We can provide expert legal advice on a wide range of matters, from licensing requirements and compliance with industry regulations to supporting organisations dealing with regulatory action and driver conduct hearings.

Poor compliance can attract the attention of enforcement agencies, resulting in prosecutions and punitive actions taken by the Traffic Commissioner, or even the risk of losing your licence. JMW’s transport lawyers are recognised as leading experts on the full spectrum of matters relating to the licensing and regulation of commercial road transport. If you have a legal matter that you would like to discuss, our commercial road transport solicitors can help.

Call us on 0345 872 6666 to speak to a transport law solicitor and arrange a free initial consultation. You can also complete our online enquiry form and we will call you back at a convenient time.

How JMW Can Help

JMW’s commercial road transport team has extensive experience advising and representing operators of all sizes across the haulage, coach and bus sectors nationwide, and provides a comprehensive service offering for any organisation seeking legal representation and advice.

Our areas of expertise include:

The team is co-headed by Laura Hadzik and Scott Bell, who have over 30 years of combined experience in this area. They are both recognised as leaders in their field, and have developed enviable reputations for their unrivalled expertise and sector-specific knowledge.

JMW’s commercial road transport team also works closely with many of the trade associations supporting the road transport sector and their members. Our clients range from family-owned SMEs to some of the UK’s major bus and coach companies, as well as well-known household name haulage companies across sectors including retail, parcel delivery, waste, pharmaceutical and medical, animal feed, construction, scaffolding, fuel and agriculture.

Our transport law solicitors are intimately familiar with the legislation and guidance governing the sector, and will draw on our decades of first-hand experience to provide strategic advice that recognises the practical and operational challenges operators face. Above all, we aim to enable operators to successfully navigate the law, while allowing you to concentrate on managing your business.

What Licenses And Permits Are Required For Transport Operations?

A number of licenses and permits may be required for commercial transport operations, depending on the sector you are operating in, and the focus of your business model.

All commercial operators in the road transport industry must secure an operator's licence, which is mandatory for managing vehicles carrying goods or passengers. The type of licence - Standard National, Standard International, or Restricted - varies based on the operation's scope and nature.

Any transport manager associated with the licence must demonstrate professional competence and good repute, while companies must show financial standing to maintain their operations. Additionally, drivers may require a specific vocational licence to operate specific vehicles, like a Category C or D licence, depending on the vehicle type.

For passenger vehicles carrying 9 or more, a public service vehicle (PSV) operator's licence is necessary. This applies to businesses operating buses or coaches and is essential for legal passenger transport.

Additionally, certain operations might need special permits for international transport or specific types of cargo. Compliance with vehicle standards, safety regulations and driver conduct is crucial to avoid regulatory action, and ensure the safety and legality of transport services. These requirements reflect the heavily regulated nature of the transport sector, emphasising safety, legality and professional conduct within the industry.

What Are the Legal Commitments and Obligations That Operators Must Uphold?

Operators in the road transport sector must uphold various legal commitments and obligations to stay compliant with industry regulations. These include:

• Compliance with operator's licence requirements: operators must ensure they comply with all conditions of their licence, which includes maintaining proper financial standing and ensuring the good repute of transport managers.
• Vehicle standards and maintenance: adherence to strict vehicle standards, as outlined by the Driver and Vehicle Standards Agency (DVSA), is seen as mandatory. This includes regular checks and maintenance to ensure all vehicles are safe and roadworthy.
• Driver licensing and conduct: ensuring all drivers have the correct, valid vocational licences (e.g., HGV, PSV) and are fully informed of their responsibilities, including adherence to driver conduct hearings outcomes.
• Working hours and rest periods: compliance with regulations regarding driving hours, rest periods and record-keeping to prevent driver fatigue and promote road safety.
• Record-keeping: accurate and comprehensive record-keeping for vehicle maintenance, driver working hours, and any incidents or accidents, as required by law.
• Transporting hazardous materials: complying with specific regulations for transporting hazardous materials where necessary, including proper labelling, packaging and driver training.
• Environmental compliance: meeting environmental regulations concerning emissions and waste management to minimise the environmental impact of transport operations.
• Safety and security: implementing and maintaining robust safety and security measures, including driver training, vehicle security, and the transportation of goods or passengers.
• Reporting obligations: promptly reporting any significant operational changes, accidents or compliance issues to the Traffic Commissioner and other relevant authorities.
• Public inquiry and legal representation: preparing for and responding to public inquiries by the Traffic Commissioner and seeking professional legal representation when required to address regulatory or legal issues.

By fulfilling these obligations, transport operators ensure compliance with the law, promote safety, and contribute positively to the road transport industry and UK economy.

Why Might a Transport Operator Be Called For a Public Inquiry?

There are various reasons why your organisation might be called upon to attend a public inquiry. Some of the most common reasons include:

• Safety breaches: failing to adhere to established vehicle safety standards (such as is set out in the government’s Guide to Maintaining Roadworthiness), leading to unsafe vehicles on the road.
• Excessive driver hours: drivers operating beyond legal working hours, compromising road safety due to fatigue.
• Environmental non-compliance: ignoring regulations aimed at controlling vehicle emissions and pollution.
• Financial standing concerns: failing to maintain the required level of financial resources to ensure continuous vehicle safety and operation. 
• Violating licence conditions: operating beyond the scope or terms specified in the operator's licence, such as unauthorised routes or carrying unauthorised goods.
• Engagement in illegal activities: involvement in fraudulent activities, smuggling or other criminal acts.

Poor record-keeping: failing to keep a proper system in place at your operating centre to document essential operational details, such as vehicle maintenance records or driver work hours.

These factors can lead to a public inquiry to assess the operator's compliance and ability to safely manage transport services. The potential outcomes of public inquiries can range from warnings or conditions imposed on the operator's licence, to suspension or revocation of the licence, and in some cases, fines or legal action against the operator. The outcome depends on the severity and nature of the violations.

We advise clients who have been called upon to attend a public inquiry on their legal responsibilities, and the best way to approach the inquiry. If you are involved in this process, seek advice from experienced transport law solicitors to understand what to do next.

What Are Transport Operators' Responsibilities For Driver Conduct?

Transport operators play a key role in managing and upholding the standards of their drivers' conduct. Operators must ensure that all drivers receive proper training on relevant regulations, including drivers' hours, tachograph use and road safety. This training should also cover company-specific policies and expectations regarding conduct.

The operator must also monitor their drivers' behaviour and compliance with traffic laws and company policies. This includes regular checks of driving records, tachograph data, and any reported incidents or complaints. Maintaining detailed records is crucial to this; logs of driver training sessions, communications regarding conduct expectations, and any disciplinary actions taken are all vital in demonstrating the operator’s proactive approach to managing driver conduct.

Finally, operators should have clear procedures for reporting and investigating incidents involving driver misconduct. This includes defining the steps to be taken if a driver is involved in a traffic offence, or is reported for inappropriate behaviour.

In the event of this misconduct being escalated to a driver conduct hearing, operators should support their drivers by providing access to legal advice, helping them understand the proceedings, and, if necessary, accompanying them to the hearing. Following a hearing, if a driver is found to have breached conduct rules, the operator must decide on appropriate corrective actions or sanctions. This could range from further training to disciplinary measures or termination, depending on the severity of the misconduct.

Beyond addressing individual incidents, operators should review and update their policies and training programs regularly to prevent future breaches of conduct. By fulfilling these responsibilities, transport operators not only comply with regulatory requirements, but also promote a culture of safety and professionalism within their workforce.

How Can a Transport Solicitor Help Me With Regulatory Compliance?

The commercial road transport solicitors at JMW can be invaluable in ensuring full compliance with all relevant road transport industry laws, and the terms of your operator's licence. We provide expert legal advice tailored to your business's specific needs, offering guidance on current and upcoming transport laws and regulations affecting your operations, and assisting you with various practical processes.

These might include:

• Licensing and applications: assisting with the preparation and submission of operator’s licence applications and advising on the necessary steps to meet compliance standards.
• Audit preparation: helping prepare for DVSA audits by ensuring all documentation, such as maintenance records and drivers’ hours records, comply with legal requirements.
• Representation: representing your interests in public inquiries, driver conduct hearings, and court cases related to transport law violations.
• Compliance strategies: developing strategies to maintain ongoing compliance with road transport regulations, including advice on vehicle standards, driver conduct and environmental regulations.
• Training: providing education or resources to ensure you and your staff understand compliance requirements.
• Policy development: assisting in developing and reviewing policies and procedures to ensure they meet legal standards and best practices.
• Risk management: identifying potential areas of risk within your operations and advising on mitigating strategies.

By leveraging the expertise of our commercial road transport solicitors, you can enhance your compliance measures, reduce the risk of legal issues, and maintain a reputable and efficient transport operation.