By Sally Nash
In what is being seen as a possible test case on cabotage rules, VOSA has stated that foreign operators cannot "carry out operations in Great Britain on a permanent basis".
This was made clear at a hearing where Philip Brown, deputy traffic commissioner for the Eastern traffic area, refused to return seven impounded vehicles run by Belgian operators Romantiek Transport LO Transport and JB Trans and nine trailers operated by Gary Banham, trading as Mendlesham Group Car and Commercial.
Acting senior traffic examiner Alison Armitage told a hearing that she had been carrying out an investigation into illegal cabotage at Felixstowe Docks for the past 18 months.
The work carried out by JB Trans and LO Transport primarily took place in Britain and it was vehicles which were purportedly owned or used by JB Trans which were the subject of the majority of the impounding.
Evidence showed that VOSA's advice to stop operating permanently in this country was not followed so the vehicles were impounded. Lawyer Christopher Hallsworth, for VOSA, said it was clear that the activities were not temporary and not lawful.
Brown said that at the time each vehicle was detained, the person using the vehicle did not hold an O-licence in Great Britain. The regulations make it clear that the exemption from the requirement to hold an O-licence will only apply if an "exempt" class of vehicle complies with the conditions relating to the temporary nature of cabotage.
If it is not, then it may be operating in breach of the Goods Vehicles (Licensing of Operators) Act 1995 and could be subject to VOSA's powers to detain vehicles under rules introduced in 2001 allowing it to impound vehicles.