Flexibility for semis
Page 6
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• Triaxle tractive units, taxed at the concessionary rate for sixaxle 38-tonne artics, can legally haul empty twin-axle trailers, the Government's Treasury solicitor has ruled.
The decision sets a precedent and has led to charges that Milnethorpe of Kendal taxed its vehicles at too low a rate of duty being dropped.
The company claimed it had been given conflicting advice by its local vehicle lencensing office and the Driver and Vehicle Licensing Agency in Swansea. It said the local office had told it that using tractors taxed at the concessionary rate was legal. However, charges were brought when the DVLA disagreed.
Milnethorpe faced allegations before Kendal and Barrow magistrates. But the hearings were adjourned while advice was sought from the Treasury, the Government department responsible for tax.
Its ruling led to the prosecutions being discontinued.
But the Treasury states that hauliers may not pull laden twinaxle trailers at the concessionary rate, even if their train weight does not exceed 32.5 tonnes.
This has meant the company pleading guilty to similar charges before Garstang magistrates. They gave Milnethorpe a conditional discharge, but ordered it to pay back duty and presecution costs.