A fine is paid once; lost good repute or a detained ship is paid for every single day. We defend the proceedings end to end: representations, administrative appeal and judicial review.
Tachograph, driving times, overweight loads, ADR, cabotage. The penalty regime of the Spanish Land Transport Act (LOTT) also reaches own-account transport — a manufacturer's own fleet is not out of harm's way.
The proceedings that should really worry you: loss of good repute, which can disqualify you for up to a year and drag the company down with you.
Penalties from the Spanish Harbour Master (Capitanía Marítima) and the Spanish Directorate-General for the Merchant Marine (DGMM), ship detentions by Port State Control, fisheries proceedings.
Defence of policyholders in penalty proceedings with an impact on policies and fleets.
Certain very serious infringements — most notably tampering with the tachograph or the speed limiter (Article 140.10 LOTT, triggered even by the mere installation of the device even if it was not in operation at the time of inspection) — carry the LIMG label: loss of the transport manager's good repute for up to one year (Article 143.5). Without a manager of good repute, the company's authorisation is on shaky ground. The good news: it is not automatic. It requires separate proceedings against the manager, it does not apply where the facts are not attributable to them, and the law requires proportionality to be assessed (the 365-day rule). It is precisely the terrain where a well-built appeal is needed.
For heavy vehicles (over 12 t maximum authorised mass): a minor infringement from 2.5% over, serious from 5%, very serious from 10% — subject to particular rules.
A ship detention costs thousands a day: the first step is to get her released — security, rectifications, negotiation with the inspectorate — and then fight the penalty proceedings calmly. The Harbour Master, the DGMM and the fisheries authorities each have their own procedures — and their own mistakes.
deadlines, notifications, lapse of the proceedings and hidden consequences, before deciding whether to pay or to fight.
downloaded tachograph data, weighbridge records, GPS, route sheets.
when the case warrants it, all the way to court.
15 days from notification of the initiation decision (Article 210 of the LOTT implementing Regulation (ROTT)) — and if no representations are filed, the initiation decision can turn directly into the proposed decision.
Yes: infringements are time-barred after one year (Article 145 LOTT), and the penalty decision must be notified within a maximum of one year from initiation (Article 146.2 LOTT).
That is the ultimate consequence of lost good repute and of certain repeat offences.
No: they coexist and are defended separately (driving time vs working time).
Yes — own-account transport has its own authorisation and penalty regime. Owning the fleet does not exempt you.