HGV or PSV Road traffic offence in the line of duty? Don’t panic!
As a Heavy Goods Vehicles (HGVs) or Public Service Vehicles (PSVs) driver, you could be prosecuted where a Road Traffic Offence occurs. The Office of the Traffic Commissioner (OTC) has the power to investigate further and the company could lose its licence to operate such vehicles. Our experienced OTC solicitors are skilled advocates who are highly adept at fighting your corner. Call us today!
Here’s how we can help
Sound legal advice
We can offer guidance and find the best course of action whether you plead guilty or not guilty.
Here when it matters most
A conviction can have a significant impact on your life including family commitments, business, and employment. We’re here to help.
Free initial consultation
Our friendly team are on hand for a free initial consultation to talk through your case.
Get your business back on track
We appreciate that every day without a licence is a day of lost business, and our Lawyers will seek a successful outcome in the shortest time frame possible to get your business back on track. Contact us for free, no obligation, initial advice on any matter relating to the Office of the Traffic Commissioner for Scotland and a solicitor from our award-winning Road Traffic legal team will be happy to talk with you.
Trust us to fight in your corner
At Scullion LAW, we know that every client and every set of circumstances is unique. We work hard to make sure you receive clear, uncomplicated legal advice you can always trust in an open and friendly environment. We also make sure your legal fees are no obstacle and are fair, reasonable, transparent, and agreed in advance. We want you to focus on the matter in hand and trust us to fight your corner.Talk to our team
Trusted: No. 1 solicitors in the UK for driving offences on ReviewSolicitors
Experienced: Scullion LAW has vast experience advising and representing clients from all over Scotland in Road Traffic Offence cases.
Client Focused: Recognised and awarded by leading industry bodies; Chambers and Partners and Legal 500 for our excellent client work.
Frequently Asked Questions
The OTC’s responsibilities are specified as including:
- the licensing of the operators of Heavy Goods Vehicles (HGVs) and of buses and coaches known as Public Service Vehicles (PSVs)
- the registration of local bus services
- granting vocational licences and taking action against drivers of HGVs and PSVs
- dealing with appeals against decisions by Scottish local authorities on taxi fares
- dealing with appeals against charging and removing improperly parked vehicles in Edinburgh and Glasgow
Where Road Traffic Offences occur on a road or public place, eg. Tachograph offences, carrying dangerous loads, Dangerous Driving of HGVs, Careless Driving, Construction and Use offences, etc., the driver of the vehicle will be prosecuted in the normal manner. It is also possible to prosecute an operator for certain Road Traffic LAW infringements.
In addition, the Office of the Traffic Commissioner has the power to investigate the matter and if it is deemed the operator of the vehicle is responsible or should have had systems in place to avoid an infringement of the law, the company could lose its licence to operate such vehicles.
Investigations and decisions are made by way of a Public Inquiry. These are formal hearings where evidence may be led to address the matter to allow the OTC to reach a decision. If you are to attend a Public Inquiry, you will be notified by way of a “call up” letter. The letter will outline the reasons for the hearing, any grounds for calling a hearing and will advise you of any other information or requirements on your part you should present at the Public Inquiry. This is a civil hearing and legal representation is highly recommended. Our experienced OTC solicitors are skilled advocates who are highly adept at fighting your corner.
The OTC can make any of the following decisions:
- refuse to grant or vary a licence
- attach conditions to a licence or limit a licence requested
- revoke or suspend a licence
- disqualify an individual, operator or company from having a licence
- May impose financial penalties on registered bus service operators
- disqualify transport managers
A decision will be given either at the hearing or in writing within 28 days of the Public Inquiry. Any decision made by the OTC can be appealed to the Upper Tribunal Administrative Appeals Chamber within one month of the written decision. You are entitled to legal representation at the appeal.
If the OTC is taking action against you, has refused a licence or you wish to appeal a decision, don’t delay in contacting us now!
Keeping you driving
I contacted Scullion after being charged with some serious road traffic offences. At the first court date it turned out it was more serious than i thought! but thankfully Anna was on hand to keep me calm and make a fantastic plea deal. On the day of sentencing Urfan guided me through this and mitigated on my behalf to an outstanding level which resulted in me receiving the best possible outcome. Without their expertise, guidance and reassurance who knows what the outcome may have been. I can’t thank them enough for their service. I’m absolutely delighted with the outcome.
Micheal Stewart is the best defence lawyer I have had the privilege to meet. I was falsely accused of a driving offence which was an extremely worrying time. Micheal was confident from day one and put my mind at ease. Extremely friendly but exceptionally thorough from start to finish and the level of professionalism from start to finish was excellent. After this successful defence and a NOT GUILTY verdict I would recommend Micheal Stewart to any of my friends and family and to anyone else for that matter.
Having never needed solicitors previously Kristopher & all at Scullion LAW kept me posted from my 1st phone call to the very end result. Guided me through each stage of the process & I felt that I could ask them any question & was made to feel at ease. Great advice & can honestly say they prepared my case very well & got me the best possible outcome. Would highly recommend!
Sincerely grateful to Nicholas Scullion and Kris Buchanan for representing me in court. With 30 years+ driving experience pleading Not Guilty to a motoring offence and having to go through the trial diets, at court, in person, was a first for me. From the initial contact with Nicholas and Kris, I was confident both were giving their best to achieve the best outcome. Explaining the details of the unfamiliar court process and what should be done, and when, was explained with clarity. Both were professional and knew their stuff. They had clearly thought through the possible approaches, in advance of the court dates and when in court knew what to say, and when, The result was deserted simpliciter. No hesitation in recommending Scullion LAW… Worth every penny.