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156 
Maddern Transport gets a second shot
Page 8
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by Mike Jewell and David Craik The bosses of defunct West Country haulage firm Maddern Transport have won a partial appeal against the refusal of their application for a new Operators' Licence.
The Transport Tribunal ruled that the application by Barry and Maurice Heaver. trading as Heaver Brothers, should be reheard by another Traffic Commissioner after Western TC Phillip Brown refused the application.
Heaver Brothers had sought a licence for three vehicles and three trailers based at the Peamore Business Park, Exeter.
Refusing the application, Brown had said that following the revocation of the Maddern Transport licence In May 2000 for a string of maintenance problems, the brothers had continued to operate In the UK under the banner of a Dutch company, Maddern Transport BV, without an appropriate 0-licence.
Brown had added that Maddern Transport BY was obviously established in the UK as it had a permanent base at Cullompton.
At least 15 vehicles were being used in the UK on a permanent basis and were not being used for, or in connection with, international carriage. Their operation In the UK under the benefit of the Dutch equivalent of an 0-licence had given the firm a commercial advantage over UK-registered operators.
Appearing for the Heavers, James Duckworth said the IC had misunderstood the concept and operation of cabotage. He had mistakenly assumed that Maddern Transport BY was required to operate internationally in order to comply with the law.
In fact a community authorisation was all a haulier needed to legally engage in cabotage in another ELI state.
Duckworth maintained that Maddern Transport BY was Incorporated in Holland, where It had premises and a Dutch International carriers' licence, and it was lawfully carrying out cabotage in the UK.
He added that it had not been established that the brothers had any culpability for the convictions which cost Maddern Transport its repute and its licence.
Gary Hodgson of solicitors Ford and Warren, while unable to discuss an active case, says cabotage is an area of the law which "Traffic Commissioners are confused about". This subject needs clarification, he adds.
Hodgson is not worried. however, that the Tribunal's decision might lead to a rise in firms who lose 0-licences in the UK being able to continue national operations by registering their vehicles elsewhere. Such a company will still need to show good repute wherever It relocates, he warns.