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From public inquiries to property deals, law firm Rothera Dowson provides a one-stop shop for the industry
Words: Patric Cunnane / Images: Richard Mann Even the most experienced lawyer can’t work miracles when faced with a haulier who has ignored the rules. “Clients expect us to pull a rabbit out of a hat,” says Anton Balkitis, partner and head of road transport in Nottingham-based solicitors Rothera Dowson.
Unrealistic expectations usually occur when an operator is facing a public inquiry and belatedly seeks expert advice. “The most common scenario is the disciplinary inquiry after VOSA has found poor systems. It tends to be smaller operators where the transport manager has not had continuous and effective responsibility,” says Balkitis. “We tell them it’s not about us being good lawyers, it’s about them being good operators.” Lucy Wood, associate solicitor, joins in: “We try to ensure they go to a public inquiry with the right attitude. Sometimes they mean well, but don’t come across well. For example, a haulier may want to say that inancial standing is rubbish, but we have to say ‘that’s the way it is’. If they don’t have the inancial standing, the TC can’t change the law. Our advice gives them an idea of what’s likely to happen.” Fees for representing operators at public inquiries vary depending on the complexity of the case. “The shortest inquiry that we’ve done was 20 minutes, but they can last several days,” explains Wood.
Operators paying scant attention to regulations until receiving a court summons can present quite a challenge. “I’ve had a couple where the police have thrown everything at them, no O-licence, no tachographs,” says Wood. “We have a much easier time if the operator called to an inquiry contacts us early and we can suggest what systems it might put in place.” She points out that it is little use an operator paying for tachograph analysis if it fails to act on the indings.
Don’t be careless
All too often operators are not deliberately louting the law rather they are just being careless. “We have a lot of cases where the O-licence is in the wrong entity,” says Wood. “For example, a sole trader has the licence in his name. Then the grandson takes over and it becomes a partnership or incorporates as a limited company but it is still running on the old, wrong licence. I am surprised at how many successful businessmen can’t get their heads round the distinction.” The company focuses on defence. A typical court case was a recent prosecution for careless driving in which the driver was banned for nine months and on appeal it was reduced to three months. The irm rarely uses barristers and Wood and Balkitis do their own advocacy.
“We often represent drivers for a ixed fee in a magistrates’ court,” says Balkitis. Such drivers are often facing a possible ban under the totting up procedure, which could severely affect their livelihood. “We’ve avoided the mandatory six-month driving ban in 367 cases out of 389 over three years,” says Balkitis. Not all the cases concern HGV drivers: Wood recalls a woman whose plea to save her licence was based on the fact that its loss would prevent her taking her daughter to dancing lessons! The magistrates were not sympathetic.
Restricted licence-holders remain a bugbear. As Balkitis points out, their vehicles are just as dangerous as those running on standard O-licences. Wood says it’s an anomaly in the law that they are not required to employ CPC holders. “Why don’t they come up with a two-day course for restricted operators?” she asks.
Government proposals to ban referral fees lead to a discussion about the dubious practice where third parties earn a living out of the misfortune of those involved in road accidents. “You have an accident in your lorry and these people sell your details to a solicitor who pays a bung for the lead,” explains Balkitis, adding that Rothera Dowson has nothing to do with the practice.
Beware of the scams
The company has defended operators who face bogus insurance claims. At the extreme level are crooks who buy a car from a scrapyard, pack it full of people and manufacture an accident. It’s no wonder many lawyers consider reform to be long overdue.
How does Balkitis view the role of Rothera Dowson? “We see ourselves as the major law irm in the Midlands for transport,” he says.
“We offer operators a one-stop shop
where they can seek advice on any aspect of the law including commercial property, litigation and debt recovery.” They may not be able to conjure rabbits from hats but most other services are possible. n