0-licence denied for 'flagging out trucks to the Netherlands
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ciger.browniarhi.c.:, SCOTTISH TRAFFIC Commissioner (TC) Joan Aitken has thrown out an 0-licence application from Avondale European, saying the firm tried to avoid revocation and disqualification orders by registering its vehicles in Holland.
In a written decision following a public inquiry (PI) in September and October, the TC expressed concern that the Larkhall, Lanarkshire-based haulier which was seeking authorisation for five vehicles and five trailers had used EU road haulage permits issued by Dutch road transport management company Euresco BV to continue its operations.
r, Avondale had lost its previous licence for a year from December f; 2008 following a PI into drivers' E hours and tachograph breaches. Director David Telfer was also disqualified for 12 months.
Earlier this year, the TC's office received a report from VOSA's intelligence officer for Scotland, which revealed details of 10 prohibitions issued to vehicles run by Avondale, but registered in the Netherlands.
The subsequent PI heard evidence that Avondale had been paying a management fee to Euresco.
In return, Avondale received the EU permits also known as corn m unity authorisations as well as discs, and tacho-checking services.
Under the arrangement, Telfer owned the trucks and trailers, paid the insurance and employed and paid his drivers.
Telfer told the PI he had received legal advice from a lawyer in Holland that the arrangements with Euresco were legal.
However. the TC said Telfer had failed to respect her jurisdiction with his actions.
She added: "Mr Telfer flagged out his haulage operation to the Netherlands to defeat my orders for revocation and disqualification and to continue his Avondale haulage business.
"I find that he operated at least four vehicles and seven trailers and that he did so for hire and reward and taking loads from Scotland to the Continent."