Voluntary Interview under PACE
Discussion
An HGV driver has been 'invited' to an interview under pace at the local office of the Driver & Vehicle Standards Agency to explain irregularities in a vehicle tachograph record.
The letter says he doesn't have to attend but asks him to telephone and arrange a date/time for the meeting.
What are the implications of not arranging a meeting?
Can he get legal aid for a Solicitor to advise/attend with him?
The letter says he doesn't have to attend but asks him to telephone and arrange a date/time for the meeting.
What are the implications of not arranging a meeting?
Can he get legal aid for a Solicitor to advise/attend with him?
The driver is entitled to free independent legal advice for the interview at DVSA premises as they would be for a similar invite to a police station.
The additional thing to consider for a LGV driver and the Company is that there is not only the potential for a criminal prosecution but also that the interview or refusal to attend said interview can also be produced in evidence at a public enquiry by the Traffic Commissioners which can adversely impact on the ability of the company they drive for to retain it's Operators Permit.
Short answer, get legal advice
The additional thing to consider for a LGV driver and the Company is that there is not only the potential for a criminal prosecution but also that the interview or refusal to attend said interview can also be produced in evidence at a public enquiry by the Traffic Commissioners which can adversely impact on the ability of the company they drive for to retain it's Operators Permit.
Short answer, get legal advice
Edited by Rushjob on Tuesday 22 December 16:32
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