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Vosa criticised over returned trailer
Page 36
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VOSA'S DECISION TO return to its owner a semitrailer that had been drawn by an impounded tractor unit has been attacked by South-Eastern and Metropolitan Traffic Commissioner Christopher Heaps.
The TC said it was not in the interests of reputable and law-abiding operators for owners of trailers to be able to obtain financial benefit from using unauthorised operators,secure in the knowledge that such trailers would be released by Vosa even if the attached tractor unit was impounded.
The owner of the tractor unit, Kent-based David Giles, had his 0-licence revoked in April 2006 when he was also disqualified from holding an 0-licence for six months.The tractor, which was hauling a trailer laden with chilled foodstuffs, was impounded in December 2006, The driver said he was employed by Giles, trading as DG Traction, and that he received his instructions from Giles's secretary. Vosa removed two insurance certificates and a Conununity Authorisation in Giles's name from the vehicle.
In seeking the vehicle's return, Giles said a proper hire agreement had been drawn up with Algos Container Services, adding that he had received a deposit and a copy of that company's 0-licence. He said that the agreement was drawn up in good faith. Refusing to return the tractor, the TC said Algos Container Services (Algos No. 1) had been dissolved in January 2006.A new company of the same name (Algos No. 2) was incorporated in July. Algos No. 1 held an 0-licence in the North-Western Traffic Area, but no 0-licence had been granted to Algos No. 2. The parties to the hire agreement were Giles and J Bennett of Algos Container Services. Bennett was not an officer of Algos No.2, but was the named transport manager on the licence held by Algos No. 1.
A printout from Dartford Ferry Terminal detailed 23 movements by the vehicle entering and leaving the port during November, On each occasion,the transport company was listed as DGTraction or DGT.