HGV Offences

Maidments is a large firm of Solicitors with a number of offices in the North West and West Midlands. We have a team of solicitors and barristers, experienced in motoring law that are here to help you defend your driving offences. We offer a comprehensive service of advice and representation in court. In the event of a successful outcome, we will seek to recover your costs through the court. In certain cases, legal aid may be available.

Whether you are a driver, owner-driver or operate a fleet of vehicles, it is all too easy to find yourself before the courts, facing the loss of your licence and potentially catastrophic financial consequences. The law relating to the use of heavy goods vehicles is complex and, at such a stressful time, it is vital to have clear professional advice to help you to achieve the best outcome.

Tachograph Offences

Anyone who drives a goods vehicle or commercial passenger vehicle is subject to complex British and/or European rules as to the hours he or she may drive and breaks which must be taken. The system for monitoring this relies on the “tachograph”, an electronic instrument installed in the vehicle. Records must be kept and made available for inspection, and the tachograph must be examined by approved workshops at regular intervals. It is an offence to tamper with the tachograph. Employers may be prosecuted for offences committed by their employees.

Totting Up

Although offences in relation to drivers’ hours do not carry penalty points, other offences do (eg offences under the “Construction and Use Regulations” relating to tyres, bakes, loads etc), and both owners and drivers can find themselves being prosecuted for these offences.

Many road traffic offences require the imposition on the driver’s licence of a number of penalty points. If a driver collects twelve or more points within a period of three years, then the court dealing with him must ban him from driving for six months on the first such occasion, twelve months the second time and two years on the third or subsequent occasion.

However, the court may be persuaded that there are “special reasons” not to impose penalty points, or that there are grounds for either not banning or for imposing only a very short ban. The rules are complex.

In certain circumstances, the law allows a driver who has been banned for more than two years to apply for the early return of his licence.

Vehicle Operator Licences

If you operate a logistics business or use goods vehicles in connection with your business, you are likely to require an operator’s licence. A separate licence will be required for each traffic area from which your business operates, and conditions may be attached. Licences may be suspended, curtailed or even revoked if offences are committed. There are also restrictions on the transportation of certain types of waste, dangerous substances and perishable foodstuffs.

Drink Driving

Driving, or attempting to drive, a vehicle whilst unfit through drinking alcohol or taking drugs, or at a time when the amount of alcohol in your body exceeds the prescribed limit will normally result in an automatic ban for at least twelve months. This rises to three years if you have been convicted of such an offence within the previous ten years.

It is also an offence to be “in charge” of a motor vehicle in such circumstances. You can be “in charge” even if your car is parked some distance away. In such cases, the court can (but does not have to) ban you.

You can be required to provide a sample of breath, blood or urine to establish whether or not the alcohol in your body exceeds the prescribed limits (35 micrograms per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 micrograms per 100 millilitres of urine).

Refusing to provide the sample will not help unless you give a reasonable reason (which will often require evidence from a doctor or other expert witness). The same penalties apply as if you had provided a sample which showed you to be over the limit.

Both offences carry a sentence of up to six months in prison, which is more likely to be imposed if the sample shows you to be more than twice the limit. However the procedures the police must follow are complex.

Dangerous Driving

Anyone who drives a motor vehicle on a road in a manner which is “far below” the standard which would be expected of a competent and careful driver, or who drives a vehicle which is in such a state that it should be obvious that to drive it would be dangerous, and thereby risks causing injury or damage, risks going to prison for up to two years. Disqualification is inevitable.

Death by Dangerous Driving

If someone is killed as a result of the dangerous driving, the driver faces up to fourteen years in prison.

Careless or Inconsiderate Driving

The offence is similar to dangerous driving, but in this case the standard of driving needs to fall only “below”, not “far below”, the standard which would be expected of a competent and careful driver or, if the driver drives without reasonable consideration for other road users, ie if he inconveniences them.

The offence is usually dealt with in a magistrates’ court, and is likely to result in a fine and between three and nine penalty points.

Death by Careless / Inconsiderate Driving

If the careless or inconsiderate driving causes an accident, as a result of which someone dies, the driver faces up to fourteen years in prison and a minimum ban of twelve months if at the time he was unfit to drive because of drinking alcohol or taking drugs, or if he refuses to provide a specimen of blood, breath or urine to establish whether or not that was the case.

Causing Death by Driving an Unlicensed or Uninsured Vehicle, or whilst Disqualified

If whilst driving on a road a driver is involved in an accident, as a result of which someone dies, he or she faces up to two years in prison if at the time he was not insured, had been banned from driving, or was not complying with the conditions of his licence.

• Driving Ban
• HGV Offences
• Accident Claims

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