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Bids for the return of three vehicles and trailers impounded after Vosa concluded they were engaged on illegal cabotage operations have been turned down by Scottish Deputy Traffic Commissioner Richard McFarlane. Hillegon, Netherlands, based Davidson & Wilson BV, an associate company of Aberdeen based 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 Commissioner was told that Vosa commenced an investigation after receiving intelligence suggesting that the Dutch company was allegedly operating in contravention of the cabotage rules and regulations. 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 Deputy Commissioner said he was satisfied that it was brought into being to circumvent the UK O-licensing system. The British company and its different incorporated entities had a history of two revocations, a final warning, a suspension and a curtailment. The Dutch company was incorporated between the final warning and the suspension and curtailment of the British company's O-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 have expected 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 originally sourced from suppliers in Scotland and they were maintained in Scotland. The vehicles were right hand drive. All the work was obtained from organisations based in the UK and payment for the transport services was made to a bank account in Aberdeen.