Christabel Hallas Specialist Transport Solicitor is a niche law practice.

As a transport lawyer I offer advice and representation to those involved in the road haulage industry and to motorists facing prosecutions for motoring offences; providing the necessary expertise at reasonable cost.

Furthermore, having specialised in small business management at business school and run my own business, I have an understanding of the problems that small businesses face.

As a sole practitioner, I will look after your case from start to finish, giving you the full benefit of my experience and expertise. The consequences of these offences are extensive; for some it may be the loss of the business, for others the loss of a job or increased costs in the form of higher insurance premiums. In all instances it is worth seeking professional advice at an early stage.

Thank you for your interest. Please feel free to browse around the website.

Topic of the Month

Costly VOSA investigation

The courts have recently ruled that, when deciding the level of VOSA’s costs, there is no need to carry out an investigation as to how much of VOSA’s investigation had been successful.

Driver CPC training -attending the course is not enough.

For some time, at public inquiries, Traffic Commissioners have been critical of those who are leaving their driver CPC training to the last minute. However, Traffic Commissioners are looking for more than just attendance on the course.

Public inquiry before the Traffic Commissioner – be prepared

13 February 2013

A recent case has shown the importance of being properly prepared for a public inquiry before the Traffic Commissioner. The operator had attended a public inquiry to consider an application for a new licence without the assistance of a solicitor. After a mere twenty minutes the application had been thrown out and the applicants’ character severely criticised.

Changes to the requirements regarding finance.

04 January 2013

Those holding standard operator's licences will welcome the slight reduction in the amounts required to prove financial standing to £7200 for the 1st vehicle and £4000 for each subsequent vehicle. However, perhaps more significant is a recent ruling which has clarified the difference regarding the financial requirements for restricted and standard licences.

Transport manager grandfather rights – use it or lose it!

29 November 2012

Although it is now well known that Traffic Commissioners can make a ruling that a transport manager is no longer fit to practice, some are in danger of inadvertently losing their right to work as a transport manager.

You and your transport manager; one of life’s great partnerships?

17 October 2012

The days of a casual relationship with your nominated transport manager are long gone. Traffic Commissioners can and do take action against transport managers who are not fulfilling their statutory duties.

Traffic Commissioners, finance and the rule of unintended consequences

07 September 2012

A couple of recent appeal cases have emphasised the importance that traffic commissioners place on an operator being of the correct financial standing. It is vital that if you are called to a public inquiry or asked to produce financial evidence, you understand what is required.

Couple fall foul of s.172 requirement to advise who was driving.

A recent case has looked at whether the notice requiring the registered keeper of a vehicle to identify who was the driver can be served on more than one registered keeper.

Vehicle carrying catering kiosks – does it need an operator’s licence?

VOSA have sought a ruling on whether a lorry used to carry kiosks that were used for serving refreshments fell within the exemption to be a showman’s vehicle and therefore was exempt from the requirement for an operator’s licence and also the requirement to comply with the EU drivers’ hours rules.

Had one too many, then beware of manoeuvring a vehicle even on your own property.

A recent case has shown that if you are over the prescribed limit then even if you move your vehicle on your own property, you could risk a prosecution for drink driving.

Changes to VOSA’s operator compliance score – there will be nowhere to hide.

It is now some six years since VOSA introduced its compliance risk score. The changes which come into place at the end of April will mean that those who have avoided being called over for roadside checks may find that this is no longer the case.

EU ruling on tachograph fines

The European Court has given a preliminary ruling on the legality of fixed penalties for tachograph offences. The case involved a driver who had failed to enter his odometer reading at the end of his working day.

Animal welfare transporter authorisation due for renewal

20 February 2012

EU regulation 1/2005 introduced the requirement for those who transport live vertebrate animals over a distance of more than 65kms and as part of an economic activity to hold transporter authorisation.

Traffic Commissioners issue guidance for applications for operator licences during the Olympics

03 January 2012

Proposals have been drawn up to allow for urgent applications to be made to vary an operator’s licence in order for businesses to continue to make deliveries during the Olympic Games. Such variations may include specifying a new operator centre which is outside the area of London affected by the Games.

Traffic Commissioners issue guidance for applications for operator licences during the Olympics

03 January 2012

Proposals have been drawn up to allow for urgent applications to be made to vary an operator’s licence in order for businesses to continue to make deliveries during the Olympic Games. Such variations may include specifying a new operator centre which is outside the area of London affected by the Games.

A new approach from Traffic Commissioners to public inquiries

13 December 2011

Fundamental changes to the rules regarding public inquiries and the role of traffic commissioners are now in place. The changes result from the adopting of a 2009 EU Regulation and its incorporation and resulting amendment to the Goods Vehicles (Licensing of Operators) Act 1995.

VOSA introduces new application form for an operator’s licence

03 November 2011

Those applying for a goods vehicle operator’s licence will now have to complete the new, more stringent, application form. The new VOSA form shows that Traffic Commissioners are getting tough on those who fail to complete the form correctly.

Operator licence holders – don’t miss the 17 October deadline

04 October 2011

There are new changes to operator licensing which will affect holders of standard national and international licences. A new register of licence holders is being created with the aim of improving the information available about operators and their transport managers.

Being green – but still need a tachograph

02 September 2011

In a recent case looking at the exception from the requirement to comply with the EU drivers’ hours rules and use a tachograph, the European Court has given a preliminary ruling that it is not willing to extend the exemption.

Tachograph offences – what constitutes driving?

A recent court case has clarified the position about what a driver needs to record on his tachograph.

Face to face with the Traffic Commissioner

So you know the time and place for the public inquiry and what the public inquiry is about, but how well prepared are you to meet the Traffic Commissioner?

Directory of detailed advice given in Topic of the Month articles.

Looking for advice on a public inquiry, how to run an operator’s licence, HGV driving, transport manager’s duties or advice for motoring offences? Please use this directory to guide you round the topics of the month.

MOTs – get VOSA on side

A new service may help both operators and the general public from inadvertently committing the offence of using a vehicle without a test certificate. Although the offence is not subject to endorsement or disqualification, it is subject to either a fixed penalty or at court, a fine.

Traffic Commissioners get tough with Transport Managers

New regulations which will apply from December 2011, propose to regularise the relationship between an operator and his transport manager.

Financial standing for operators – another nail in the coffin of the small haulier?

With rising fuel costs and general price inflation, the new EU Regulation on Access to the Occupation of Road Transport Operator may be just what the industry does not want to hear.

Changes to drink drive laws

The government has introduced proposals to overhaul the drink drive laws, which are being heralded as the biggest changes in over 40 years.

Car insurance – is yours valid?

14 February 2011

Recently introduced legislation aims to target those drivers who drive without insurance. Under powers introduced last month, it is not only an offence to drive an uninsured vehicle but also to keep one.

An operator’s licence or not an operator’s licence?

07 January 2011

What is and is not a goods vehicle, is not as easy a question as you may think. A recent case has given some clarification to this difficult problem.

Stuck in traffic - no joke

09 December 2010

Although the government have made limited provisions for the relaxation of drivers' hours rules, in this severe weather it is worth remembering the Article 12 provisions that allow deviation from the drivers' hours rules

Getting the message across

03 November 2010

If you need to communicate with the Traffic Commissioner's or the Licensing Unit office, make sure that it is effective, to the point and reflects well on you as an operator.

New drivers - make sure that you are insured.

09 September 2010

In the euphoria of passing your driving test, don’t forget that the Road Traffic (New Drivers) Act 1995, establishes a two year probationary period for newly qualified drivers. If you accumulate 6 or more points during that period then the licence will be revoked and you will have to re-take your driving test.

A change of mind

A recent case has shown the when served with a summons, the defendant should consider the matter carefully before he pleads guilty by post.

Legal costs – a victory for the innocent

Potential defendants should welcome the recent ruling made against plans for those found innocent to bear a greater proportion of their legal costs.

Taking an LGV driving test - make sure you know the rules

New rules have come into place to effect the EU directive on the initial qualification and periodic training of drivers of certain goods vehicles. The new rules that came into force in April2010 make it easier for driver training agencies to help students with applications for their tests.

Driver unable to find safe parking

A recent court case has emphasised the need for a driver to mark the back of his tachograph chart or make a manual entry if there are emergency reasons to depart from the drivers’ hours rules.

How soon do I need to “report “ an accident?

Don’t fall foul of the requirements to report an accident and risk having a minimum of 5 unnecessary points on your licence.

Pitfalls when applying for an operator's licence

03 February 2010

A recent Transport Tribunal case shows the importance of making sure that applications for operator’s licences are completed correctly and sent with the correct supporting documentation. Get it wrong and not only will the application be refused, but you will also have wasted valuable time and money.

Called to Public Inquiry ?

04 January 2010

If you have received a letter from the Traffic Commissioner asking you to attend a Public Inquiry then you need to bear the following in mind:-

Careless talk costs points on the licence

20 December 2009

Don’t get caught this Christmas with an unexpected present in the form of points on your licence. A recent Transport Research Laboratory study shows that more people are continuing to use hand held mobile phones, despite the fixed penalty having increased a few years ago from £30 to £60. It seems that the temptation to take that call is just too great! Yet how many stop to think as to what could be the consequences?

Your NIP is in the post!

03 November 2009

For certain offences and subject to certain exemptions, the law requires that the defendant must have either been warned at the time of the offence of the possibility of prosecution or served with either a summons or notice of intended prosecution within 14 days of the commission of the offence (not counting the day of the offence). The notice of intended prosecution must have been sent either to the driver or registered keeper.

Thinking of making an application of an operator's licence?

01 October 2009

It is vital that you get it right first time. Make a mistake and not only will it delay the application but there could be more serious consequences as to whether the application is ever granted.

Are VOSA targeting the right vehicles?

03 September 2009

The recent House of Commons Transport Select Committee report on the enforcement activities of VOSA over the past three years hit the headlines for highlighting the high percentage of un-roadworthy foreign vehicles. However, there is little room for complacency amongst the home fleet, as the number of prohibitions issued to UK vehicles doubled.

The new driver CPC - the hidden costs for non-compliance

The LGV driver CPC requirements come into effect on 10 September 2009; those who already have a vocational licence will be granted acquired rights but nevertheless will need to complete 35 hours training within 5 years of the introduction to the driver CPC. Much has been said about the costs of the training and who will bear those costs, there are however significant costs for both the driver and employer for non-compliance.

Driver defect reporting- yet more paper filling or the key to successful operation?

Time and time again operators are called before the Traffic Commissioner for obtaining prohibitions for defects that should have been picked up by drivers, who swear that they did their daily checks, but nevertheless, their inactions could end up costing their boss his operator’s licence and the driver his job.

Beware of the dangers of summer drinking

The government is about to launch a campaign to persuade people of the consequences of drink driving, not only on the number of fatalities and serious injuries, but also the personal consequences on the defendant, which includes arrest, the taking of a DNA swab, a criminal conviction and often loss of employment.

Taking the penalty

Provisions contained in the Road Safety Act 2006 came into force at the end of March 09, meaning that there are new powers for the Police and VOSA to impose fixed and graduated fixed penalties for a variety of construction and use and drivers’ hours offences. Many police forces are already using their new powers, although VOSA have indicated that they will not roll out the scheme until 28 May 09.

New "L" plate proposals

The Government has introduced proposals to reform the system by which we learn to drive. This is in an attempt to cut the number of road deaths, particularly amongst newly qualified drivers.

Duties to the Traffic Commissioner when a business fails

Unfortunately, as more and more businesses go under, it all too easy to forget what the obligations are in relation to the operator's licence. A recent Transport Tribunal case has led to the Tribunal issuing preliminary guidance on the relationship between operator licensing and the position of a company that has gone into administration.

Don't get caught without an operator's licence

17 February 2009

If you fail to hold an operator's licence and use a goods vehicle on a road for the carriage of goods for hire and reward, or in connection with a trade or business, then not only are you guilty of an offence of using a vehicle without the relevant operator's licence, which is subject to a court fine, but you also run the risk of having the vehicle and its contents impounded.

How to lose your operator's licence without thinking

18 January 2009

It is all too easy to lose your operator’s licence by making fatal errors long before you step through the inquiry room door. Every incident that could lead to a conviction should be treated as having a potentially damaging effect on the licence and treated with the seriousness that it deserves.

Perils associated with a winter wonderland

09 December 2008

Although some may be hoping for a white Christmas and for children the recent cold snap brought the pleasure of being able to play in the snow, for motorists, snow and ice bring additional problems. For those who are unfortunately involved in minor bumps, the last thing that they want is a summons for failing to comply with the correct procedure.

Time to get tough on Working Time

03 November 2008

It is some time since the Road Transport (Working Time) Regulations 2005 implemented the provisions of the EU Road Transport Directive 2002/15/EC into domestic law. At the time there were fears from employers that the directive would result in extra costs and from drivers that there would be a direct effect upon their wage package.

Blue badge parking - abuse and reform

22 October 2008

As the population ages and parking becomes more expensive, so the temptation has increased to abuse the blue badge parking scheme.

New provisions for careless driving.

08 September 2008

Changes to sentencing guidelines and the part introduction of provisions of the Road Safety Act during August 2008 have meant a shift in the emphasis placed on careless driving. The changes will hit home the message that driving involves control of a potentially lethal weapon and requires total concentration.

All change to operator licensing

The current rules regarding obtaining an operator’s licence, employing transport mangers and the Traffic Commissioners’ powers have been in place since the mid 1990s. However proposals are afoot to replace the familiar system.

First impressions count

Every holder of an O licence needs to complete the GV79 form. For some, this may be yet another administrative task. Yet it forms the basis of the business’ relationship with the Traffic Commissioner and mistakes made at this stage can come back to haunt the applicant.