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Page 34
Page 35
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For once a law appears to be working. The traffic commissioners say vehicle impounding has led to a noticeable increase in the number of applications for 0-licences as illegal operators run scared of the costs of noncompliance. They also believe that operators brought within the system will have to get their maintenance procedures up to scratch.and that must be good news for all road users
1. Who are the cowboy operators?
Roadside checks show that an average ol 2% of HGVs are operating outside the law, Compared with the law abiding majority these rogue vehicles are twice as likely to be in dangerous condition. But policing the UK industry is a piece of cake compared with Ireland, where the Irish Road Haulage Association estimates more than 25% of trucks run outside the law.
2. What action can be taken?
The regulations introduced in 2001 enable the Vehicle and Operators Services Agency (VOSA) to detain a HGV and its contents if the person using the vehicle does not hold an 0-licence.DesignatedVOSA officers have also been empowered to stop vehicles (previously this power was restricted to uniformed police officers). The nominated VOSA personnel will also wear a uniform; they will operate like special constables.
As well as checking a truck's 0-licence disc VOSA can check up on the vehicle and its operator via the TAN system. The power to impound is not limited to roadside checks; VOSA can take any vehicle or trailer that has been on the road without an 0-licence.
3. Are impounded 'vehicles gone for ever?
VOSA will return the vehicle and/or trailer once it is satisfied that the user of the vehicle holds an 0-licence or the vehicle did not need an 0-licence, so legitimate operators should have nothing to fear.
4. What's to stop an impounded vehicle being driven away?
The regulations empower VOSA to fit an immobiliser to an impounded truck. Notices must be displayed on the vehicle confirming that an immobiliser has been fitted: the notices should also warn that it can only be removed by VOSA. Removing this notice carries a penalty of .0..000:drive off in a confiscated truck and the potential fine rises to £2.500.
S. How do I know if a vehicle has been impounded?
VOSA is required to publish a notice in the London Gazette or, if detained in Scotland, the Edinburgh Gazette:This notice will describe the truck,including its registration number and the time and place where it was detained:it will also reveal where the vehicle can be claimed.
The notice will also warn that following the specified claim period VOSA will dispose of the vehicle. If the vehicle is loaded the notice will say where the contents are and where and when they can be claimed and. If they are not claimed within a prescribed they can be disposed of.
A notice must be given to the owner of the vehicle, the traffic commissioner and the police in whose area it was detained, the Association of British Insurers and the British Vehicle Rental and Leasing Association. Normally. the notice period is 21 days from the date of issue.
6. How can the owner recover the vehicle?
The owner must apply to the TC in the area where the truck was detained, in writing, within 21 days of the publication of the notice, giving grounds for its return. The owner can apply in writing for a hearing before the TC.
7. What are the grounds for a vehicle's return?
A truck will be released if the user held an 0-licence at the time of the confiscation or can prove that when the vehicle was detained it was not in breach of Section 2 of the Act:that it is an exempt vehicle:or that the owner did not know the vehicle was being used without a lit Even if no application is made, the TC ca notice of a hearing.
8. What happens at a hearing before the TC?
VOSA will attend with its solicitors to j the detention.Evidence will be given.witt cross-examined and submissions made ; why the TC should or should not releai vehicle. The vehicle will normally be rel, only on proof of an 0-licence or an exemi If commercially sensitive information to the TC to support the case he or sh direct that all or part of the inquiry is h. private. The TC's written decision mu released within 21 days of receiving a w application or within 21 days of an inquir3 9. Can the owner appeal? Appeals must go to the Transport Tril within 28 days of the IC's decision. A cc the notice must be sent to the TC and to who detained the vehicle. If the TC or thel nal accept the grounds for return of the vc they will order that the detaining auth such as VOSA, must hand it over.
If no application is made during the c period or the claim is rejected VOSA is ern ered to sell or destroy the vehicle.A notice then be sent to the owner, the TC,the polic Association of British Insurers and the B Vehicle Rental LeasingAssociation.
VOSA will return the vehicle's conic] the person who claims them, in writing v the specified period. Evidence of ownersl entitlement to the goods must be produce, they will not be released if there is a rival c instead VOSA will determine entitlemen] If the goods are perishable they mu disposed of without delay. VOSA can d( without issuing the usual notices.
10. What happens to the money Any proceeds raised from the sale of goo vehicles are used to meet VOSA's expt incurred in exercising its powers.
Any surplus will be paid to those pc who claim the net proceeds, provided sati tory evidence is produced of their entitle] to the goods that were sold.
CONTACTS Vehicle and Operators Services Agency: 0117 954 3200; enquiries@vosa.gov.uk Ford & Warren Solicifors: 0113 243 6601 www.forwarn.com