Nolan appeal rejected in landmark decision
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By Roger Brown
UPPER TRIBUNAL judges have dismissed an appeal from Irish haulier Nolan Transport for the return of two of its trucks impounded by Vosa, in a landmark decision that lays down how the regulations regarding cabotage and combined transport operations are interpreted in the UK.
In a written decision, Judges Michael Brodrick, Jacqueline Beech and Stuart James, members of the Upper Tribunal, upheld the October 2011 ruling of Welsh trafic commissioner (TC) Nick Jones, that two vehicles from the County Wexford-based haulage irm should be impounded.
On 17 May 2011, Vosa oficials detained a Daf tractor unit operated by Nolan on the A477 in Pembrokeshire, coming from Pembroke Dock, saying that it did not have the required British O-licence for the journey.
Nolan Transport argued that an O-licence was not required as the truck was undertaking combined transport – moving goods in one vehicle, using successively two or more modes of transport without handling the goods themselves in changing modes – and was therefore exempt.
TC Jones ruled that as Nolan Transport was operating outside its country of origin and operating within the jurisdiction of Great Britain, the driver was required to provide documentation to show that the journey was within the scope of combined transport. The required complete paperwork was not with the driver.
On 20 May 2011, Vosa staff stopped a Mercedes-Benz tractor unit operated by Nolan Transport on the A40 coming from Pembroke Dock on the same basis. The irm said it was exempt from the requirement for an O-licence because the vehicle in question was undertaking a properly constituted cabotage operation.
TC Jones said that in this instance the driver was unable to satisfy the Vosa oficer of each element of cabotage by being able to produce the correct paperwork.
The judges said: “Nolan Transport has failed to show that either of the vehicles was operating lawfully within a relevant exemption – combined transport in the case of the Daf and cabotage in the case of the Mercedes.”