DVSA Prosecutions

Drivers’ hours regulations limit daily and weekly driving time and require rest breaks and daily rest periods for commercial vehicle drivers. Offences include exceeding maximum daily driving time, insufficient breaks, or inadequate daily or weekly rest.

Prosecutions require proving drivers knew or should have known they were exceeding limits. Defences include emergencies, equipment failures, or employers’ pressure – though the latter requires reporting to authorities. Penalties include fines and penalty points. Multiple offences risk disqualification affecting employment.

Tachographs record driving time, speed, and rest periods. Offences include failing to use tachographs, making false records, altering records, failing to carry charts or cards, or equipment defects. Digital tachographs require driver cards with prosecutions for card misuse.

Employers and drivers can both be prosecuted. Defences include equipment malfunctions reported properly, genuine mistakes, or lack of knowledge. However, drivers have responsibility to ensure proper operation. Serious manipulation offences carry substantial fines and disqualification.

Overloading occurs when vehicles exceed maximum gross weight, axle weight, or train weight limits. DVSA weighbridge checks prosecute overloaded vehicles. Even small overloads are offences though substantial overloading carries serious penalties.

Drivers and operators can be prosecuted. Defences include proving weights were within limits when loaded, unexpected weight gains, or due diligence systems. However, responsibility exists to ensure compliance. Overloading endangers road safety and causes road damage. Penalties include fines and penalty points.

Vehicles must be roadworthy. Defective brakes, worn tyres, defective lights, insecure loads, or other safety defects result in prohibition notices and prosecutions. Offences include using, causing, or permitting use of defective vehicles.

Drivers and operators can be prosecuted depending on responsibility for defects. Defences include proving defects occurred suddenly since last inspection or proper maintenance systems. However, responsibility exists for regular checks. Serious defects carry substantial penalties and penalty points.

DVSA prosecutions can result in operator licence action. Traffic commissioners call operators to public inquiries investigating regulatory compliance. Serious or repeated breaches risk operator licence revocation, suspension, or conditions curtailing operations.

Defending prosecutions effectively protects operator licences. Convictions are reported to traffic commissioners who may take regulatory action. We defend prosecutions and represent operators at traffic commissioner hearings. Operator licence loss ends transport businesses.

DVSA fixed penalties and graduated fixed penalties can be appealed to traffic commissioners. Appeals require notice within specified timeframes. Traffic commissioners hold hearings determining whether offences occurred and appropriate penalties.

Appeals can succeed when evidence is insufficient, defences exist, or penalties are disproportionate. However, unsuccessful appeals may result in higher penalties. We advise on appeal prospects and represent drivers and operators at hearings. Some penalties warrant payment; others justify appeals.

Defences depend on specific offences. Due diligence defences exist for some offences proving all reasonable steps were taken to prevent breaches. Emergency defences may apply for drivers’ hours breaches. Equipment malfunction defences require proper reporting and evidence.

Challenging prosecution evidence including weighbridge calibration, tachograph accuracy, or inspection procedures can succeed. Procedural defences include inadequate warnings or insufficient evidence. We analyse evidence identifying available defences and procedural failures. Early advice maximises defence prospects.