Pump Court Chambers Transport Law team represents those accused of non-compliance with statutory regulations and laws governing the use of vehicles and the manner of driving on the highway.
Our specialist team of Transport Law barristers are experts at checking regulations and procedures that any prosecutor or regulator needs to comply with. All of our team are experienced trial advocates, knowing how to persuade Commissioners, Tribunals, Committees, Magistrates, Judges and Juries alike.
Our barristers are able to accept Direct Access instructions from drivers and vehicle operators.
We specialise in five main areas:
Regulations enforced by Traffic Commissioners
Pump Court Chambers Transport Law team advise those applying for and holders of Goods Vehicle Operators’ Licences and Public Service Vehicle Operators’ Licences and represent them before a Traffic Commissioner.
- We attend Public Inquiries where the roadworthiness of a vehicle or the suitability of an operator keeping a licence is called into question and revocation and disqualification are potential outcomes.
- We represent finance companies and operators who are seeking the return of a vehicle that has been impounded.
- We are also able to advise transport managers and those overseeing the use of vehicles as to whether their procedures are compliant with the ‘Guide to Maintaining Roadworthiness’ (as published in April 2014).
- We are also able to represent vehicle operators at appeal hearings before the Upper Tribunal (Transport Appeal).
- We advise and represent holders of vocational licences who wish to appeal decisions made by the Traffic Commissioner to the Magistrates’ Court.
Health & Safety issues arising out of failures in safety and duty of care
Pump Court Chambers Transport Law team advise and represent companies and drivers who are accused of operating a vehicle or a working environment in breach of health and safety regulations where death or serious injury has occurred.
- We represent companies, directors, partnerships, the self-employed, the HSE and Local Authorities in the Magistrates’ Courts, Crown Courts, Appeal Courts, at inquests and tribunals including appeals against improvement and prohibition notices.
- Members’ expertise covers both fatal and non-fatal accidents including corporate manslaughter, gross negligence manslaughter, breaches of the Health and Safety at Work Act and the full range of work place regulation.
Appeals against decisions by the Registrar of Approved Driving Instructions
Pump Court Chambers Transport Law team advise and represent approved driving instructors and trainee instructors.
- We advise and represent applicants and instructors on appeals against decisions made by the Registrar of Approved Driving Instructors to the First-tier Tribunal (Transport).
Licensing of Private Hire Vehicles & Hackney Carriages
Pump Court Chambers Transport Law team advise and represent applicants and holders of Private Hire Vehicle Licences and Hackney Carriage Licences.
- We advise those applying for Private Hire Vehicle licences and Hackney Carriage licences and represent applicants before their relevant Licensing Authority.
- We have experience in dealing with applications where the applicant’s suitability is in question or where because of alleged inappropriate conduct their licence is liable to removal. This may involve appealing a summary decision where the applicant was unrepresented.
- We are able to advise on challenges to licensing policy that may restrict the number of licences granted.
Road Traffic Offences
Pump Court Chambers Road Traffic Offences team advise and represent both companies and individuals in relation to various offences.
Offences committed by Goods Vehicle and Passenger Carrying Vehicle drivers
Pump Court Chambers Road Traffic Offences team advise and represent companies and drivers, who following inspection are found to have operated a vehicle in breach of regulations resulting in either a fixed penalty or a summons to appear before Magistrates’ court. These include:
- Construction and use regulations offences
- Appeals against fixed penalties for construction and use offences
- Drivers’ hours and tachograph rules infringements
Offences committed by motor vehicle drivers
Pump Court Chambers Road Traffic Offences team advise and represent those who are prosecuted for road traffic offences.
- We advise and represent drivers charged with offences of speeding or careless driving with a risk of losing a licence.
- We advise and represent drivers charged with offences of driving with excess alcohol with certain disqualification that puts employment at risk.
- We advise and represent drivers charged with offences of dangerous driving, including death by dangerous driving that puts their liberty at risk.
- We advise on the law, whether the correct procedures have been followed, checking signs are in the correct position, that there is a statutory power to impose the limit, a speed camera was operating correctly, the method of obtaining samples was carried out properly and that the notice of any intended prosecution was served within the statutory time limit.
- We can advise as to whether there are grounds to argue that there are special reasons not to disqualify a driver. We can also advise on appeals to the Crown Court, High Court or Court of Appeal.