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A COURT ruling in the Netherlands could open the door
Page 16
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for unscrupulous operators to flag out their vehicles and avoid employing local CPC holders.
However, the Freight Transport Association is playing down the loophole, claiming the hassle of registering a fleet abroad would put many people off.
The highest Dutch Administrative Court has ruled that the requirement of professional competence can be satisfied if the CPC holder manages the company from abroad.
Dutch transport lawyer Patrick Bobeck says: "In the past British transport companies were reluctant to flag out because they had to find a CPC holder who could manage the transport activities in the Netherlands. This was not only a costly issue but willing CPC holders in the Netherlands were not always easy to find."
George Brown, MD of G &S International in Scotland, flagged out its vehicles when VED and insurance rates became too high in the UK. But he cautions: "It would be irresponsible to put a large fleet out there without a competent person."
A VOSA spokeswoman says vehicles registered in another country will still be subject to cabotage rules in the UK.