LGVs returned after police use wrong law
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By Chris Tindall
AN IRISH international haulage firm has successfully appealed for the return of its lorries after police used the wrong law to impound them.
O’Leary International has been given back four of its LGVs by North Wales Police, after they were seized during an operation that found some of its drivers had failed to keep tacho records and were relying on false letters of attestation.
The confiscation order was upheld by a district judge, who stated that the company’s evidence was not to be relied on and that it was “an inescapable conclusion” that O’Leary International knew what was going on with its drivers.
But the High Court in London has found that it should have its vehicles returned because only the drivers had been prosecuted, not the company.
Superintendent Gary Ashton of North Wales Police says no criticism was made of the force in the ruling, and adds that it is “carefully considering all aspects of the judgment with [our] legal team and therefore any further comment would be inappropriate at this time” .
However, MD of policy at the Freight Transport Association, James Hookham, says Vosa’s impounding powers should have been used instead. “We believe it was the wrong law the police seem to have pursued.
“What we want is much closer co-operation between the police and Vosa. As the primary enforcement agency for O-licensing and roadworthiness, the police need to work with them more and let them take the lead in future.” Brett Gourlie, compliance and development manager at O’Leary International, says: “We are pleased with [the decision], but there’s nothing further we wish to say at this stage.”