There are several specific motoring offences that drivers of commercial vehicles in the UK may face (e.g. driving too many hours or falsifying tachograph data). We know just how worrying facing charges of a commercial vehicle motoring offence can be given the possibility of financial costs and the impact on your livelihood.

The use of commercial vehicles in the UK is heavily regulated due to the risk that larger vehicles pose to the public and drivers. This is why there are strict rules around the use and roadworthiness of commercial vehicles, including tyres, wheels, braking, lighting, and loads. If you are facing a charge for a commercial vehicle motoring offence, whether relating to a van, HGV, bus, or any other type of vehicle, we can help you. In this article, we will explain some of the main offences relating to commercial vehicles in the UK and what you can do to ensure that your livelihood is protected in the event of being charged with an offence while driving for work.

What are the Main Commercial Vehicle Motoring Offences?

There are a number of commercial vehicle-specific motoring offences that you may be charged with, including:

1. Operating a heavy goods vehicle without the proper licence – Commercial vehicle drivers must pass a test and hold a licence that is appropriate for the type of vehicle they are driving (e.g. category B, BE, C1, C1E, C+E, D1, D1E, etc.). Driving without the correct licence type is an offence leading to a potential fine of up to £5,000 and penalty points on your driving licence. Driving with the wrong licence type may also mean that any vehicle insurance you hold is not valid, leading to other criminal charges and prosecution.
2. Tachograph offences – This may include tampering with tachograph equipment modifying or failing to equip an HGV with a tachograph. Tachographs monitor speed and driving hours, breaches road safety laws and can result in fines or licence suspension.
3. Exceeding legal driving hours – Commercial drivers must comply with regulated driving hours. Exceeding these limits can result in penalties, as fatigue management is critical for road safety.
4. Unsafe loading – Overloading the length or width of a commercial vehicle operating an oversized vehicle, whether in terms of length or width, without proper authorisation can lead to fines, as it poses risks to other road users.
5. Altering, forging, or misusing an operator’s licence – engaging in fraud related to an operator’s licence, such as lending it to others or altering its information, is considered a criminal offence and is met with strict penalties.
6. Soliciting passengers or touting without authorisation – offering or advertising transport services without the proper authorisation, often referred to as ‘taxi touting,’ is illegal and can lead to fines or prosecution.
7. Exceeding permitted speeds – Certain types of commercial vehicles, including trucks and buses, are legally required to adhere to reduced speed limits compared to standard cars. If the speeding incident appears to have financially benefited the driver or company, a more substantial fine may be issued.

Who is Legally Responsible for Commercial Vehicle Offences?

We are often asked who is legally responsible for a commercial vehicle offence in the UK. Employers sometimes want to know if they are responsible for the actions of their employees, and likewise, employees want to know if they are fully culpable.

The courts normally start from the standpoint that employers are less culpable than drivers, but the answer ultimately depends on the details of the specific offence. For example, section 87(2) of the Road Traffic Act 1988 states that “It is an offence for a person to cause or permit another person to drive on the road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class”.

In other words, if an employer encourages or allows an employee to drive a vehicle that they know they are not licenced to drive, that would be an offence under the Road Traffic Act 1988.

What Should I Do If I am Charged with a Commercial Motoring Offence?

In the first instance, always cooperate with the police or Driver and Vehicle Standards Agency (DVSA) officer. If you have been charged with a commercial vehicle motoring offence, either as an employee or employer, it is important to seek legal advice from a motoring offence Solicitor in the UK.

Your Solicitor will review the circumstances of the offence and determine whether there are any mitigating factors (i.e. considerations which may cause the charge to be dropped or penalty reduced). They will also present a case in such a way as to ensure that the court handling the case is aware of the impact of any penalty on your livelihood.

The key to any commercial vehicle motoring offence case is being prepared and taking a strategic approach from the outset. It is also important to have legal representation with advocacy skills and experience in handling similar cases in the Magistrates and Crown Courts. We can also explain all of the legal funding options available to you to give you peace of mind that you have the best commercial motoring offence representation on your side.

If you have been charged with a commercial vehicle motoring offence, please speak to our motoring offences law team on 01772 447000 or contact us on our seven-day-a-week WhatsApp helpline on 07869760533.