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No return of vehicles used in illegal cabotage operations
Page 18
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The Scottish Deputy Traffic Commisioner rejects requests for the return
of impounded vehicles and trailers. Mike Jewell reports.
THE RETURN of three vehicles and trailers impounded after Vosa concluded they were engaged on illegal cabotage operations has been refused by Scottish Deputy Traffic Commissioner Richard McFarlane.
Hi Ilegon. Netherlands-based Davidson & Wilson BY, an associate company of Aberdeenbased Davidson &Wilson Ltd,had sought the return of three tractor units and a semi-trailer. Evergreen Leasing Ltd and Clydesdale Bank Asset Finance Ltd had each sought the return of a semi-trailer.
The Deputy TC was told Vosa began an investigation after receiving information suggesting the Dutch firm was operating in contravention of the cabotage rules.
For the company, Neil Kelly produced a schedule showing dates when the vehicles were out of the UK from August to December 2006 and detailing the journeys they undertook in December 2006. He argued that those schedules disclosed movements consistent with lawful cabotage.
Refusing the Dutch company's applications, the DTC said he was satisfied it was brought into being to circumvent the UK 0-licensing system.The British company and its incorporated entities hada history of two revocations, a final warning, a suspension and a curtailment. The Dutch firm was incorporated between the final warning and the suspension and curtailment of the British firm's 0-licence.After that, the UK licence remained in force with no vehicles specified upon it until shortly before the hearing of this case.
If it was a bona fide Dutch operation, he would expect the centre of operations to be in Holland,the vehicles to be acquired and maintained in Holland, the vehicles to be left-hand-drive, and Dutch drivers employed. In reality the operation was based in Aberdeen; vehicles including semi-trailers were acquired and maintained in Scotland; and the vehicles were right-hand drive.All the work was obtained from UKbased organisations and payment for the transport services was made to a bank account inAberdeen.