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A month here is your limit VOSA claims its cabotage interpretation
Page 14
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is bullet-proof. Jennifer Ball reports. THE VEHICLE and Operator says: "In assessing whether a Services Agency has hit back transport operation by a nonat claims that it is contravening resident haulier complies with the European Human Rights law in provisions of EC Regulation 3118/ its 'one-month' interpretation of 93, VOSA will take into account
the EU cabotage rules. its duration, regularity, periodicity The enforcement agency and continuity."
recently wrote to a number of She adds that every nonoperators who have flagged out resident operator will be to the Netherlands, warning that required to provide proof that after entering the UK they have the vehicle has exited the country to leave the country within one on specific occasions, and at least month if carrying out cabotage. once a month. However, Dutch lawyer Han Val"In the event of prosecutions lenduuk argues that there is no being initiated by enforcement legal interpretation on the 'tempoauthorities it is, of course, for the rary' length of period of cabotage courts to decide on a case-by-case so VOSA cannot enforce this (CM basis if EC cabotage rules have
17 June). been breached," she concludes.
But VOSA insists that its decision to interpret 'temporary' cabotage in a more precise way was taken following consultation with the European Commission. It formally notified all member states of this on 6 September 2002 and the arrangement came into force in December that year. What's more, says
VOSA, Greece introduced a similar one-month restriction a year earlier, in response to reports that foreign operators in Greece were abusing cabotage rules. A spokeswoman THE VEHICLE and Operator says: "In assessing whether a Services Agency has hit back transport operation by a nonat claims that it is contravening resident haulier complies with the European Human Rights law in provisions of EC Regulation 3118/ its 'one-month' interpretation of 93, VOSA will take into account
the EU cabotage rules. its duration, regularity, periodicity The enforcement agency and continuity."
recently wrote to a number of She adds that every nonoperators who have flagged out resident operator will be to the Netherlands, warning that required to provide proof that after entering the UK they have the vehicle has exited the country to leave the country within one on specific occasions, and at least month if carrying out cabotage. once a month. However, Dutch lawyer Han Val"In the event of prosecutions lenduuk argues that there is no being initiated by enforcement legal interpretation on the 'tempoauthorities it is, of course, for the rary' length of period of cabotage courts to decide on a case-by-case so VOSA cannot enforce this (CM basis if EC cabotage rules have
17 June). been breached," she concludes.