Tim Culpin

Consultant Solicitor, Aaron & Partners LLP and Smith Bowyer Clarke

My first career was as a deck officer in the Merchant Navy sailing as Master for a number of years before coming ashore and obtaining my law degree at the University of Wales, Cardiff. I then qualified as a solicitor in 1994 at Aaron & Partners becoming a Partner at that firm in 1996. Now semi-retired, I work part time as a Consultant at both Aaron & Partners LLP for Smith Bowyer Clarke in Derby, a specialist road transport law practice.

I have nearly 30 years’ experience acting for commercial vehicle operators dealing with all aspects of the compliant operation of such vehicles regularly appearing for operators and vocational drivers at public inquiries and driver conduct hearings before the Traffic Commissioners and in the magistrates’ courts. I have an extensive network of connections and can assist new entrants to the industry in obtaining an operator’s licence or when applications run into difficulties. During my legal career I has gained significant experience contesting the imposition of civil penalties arising from the discovery of clandestine entrants (unlawful entrants concealed in vehicles) and in the recovery of impounded vehicles arising from breaches of the cabotage regulations, operating without an operator’s licence and as a consequence of UK Border Force activities. More recently I have assisted a number of operators in dealing with Driver and Vehicle Services Agency (DVSA) Desk Based Assessments.

Contributed to

4

Falsifying drivers’ records and tachographs

Practice notes

This Practice Note explains the elements of the offence of falsifying drivers' records and tachographs under sections 99(5) and 99ZE of the Transport Act 1968. It includes definitions which are relevant to these offences, defences which may be available and the sentence which may be imposed following conviction.

Corporate Crime

Goods vehicle licensing

Practice notes

This Practice Note explains the regulation of heavy goods vehicles (HGVs) and light goods vehicles (LGVs), by way of goods vehicle operating licensing in the UK. The goods vehicle operator licensing regime is the responsibility of the Traffic Commissioners. The Practice Note explains what an HGV operator’s licence (often called an o-licence or goods vehicle licence) is, when a licence’ is required, the different type of vehicle operator licences and the procedure for applying for an operators licence with reference to guidance issued by the Traffic Commissioners. The Practice Note also considers the standard undertakings attached to a goods vehicle operators licence and the enforcement of goods vehicle licence conditions by the police, Driver and Vehicle Standards Agency (DVSA) and the Traffic Commissioners.

Corporate Crime

Goods vehicles—enforcing transport compliance

Practice notes

This Practice Note explains the regime for roadside enforcement of compliance requirements for heavy goods vehicles and light goods vehicles and commercial vehicles in England, Wales and Scotland. It also explains the powers that the police and Driver and Vehicle Standards Agency have to undertake inspections and the use of the Operator Compliance Risk Score. It considers the enforcement action that can be taken for non-compliance and the practical steps which drivers and operators should consider when dealing with roadside inspections.

Corporate Crime

Operator licensing—Traffic Commissioners’ public inquiries

Practice notes

This Practice Note explains the regime for operator licensing public inquiry hearings for heavy goods vehicles (HGVs) and commercial vehicles in England, Wales and Scotland. It also explains the role of the Traffic Commissioner and the regime under which they operate. It considers when public inquiry hearings may be held and the powers that Traffic Commissioners have following a public inquiry.

Corporate Crime