Irish operator loses truck for breach of cabotage rules
Traffic commissioner for Wales Nick Jones (pictured) has refused to return an impounded HGV to an Irish operator after finding it had failed to prevent cabotage rules being breached.
Dundalk, County Louth-based Portway Logistics had a truck seized by the DVSA in Ewole, Flintshire in December. It had been found to have been operating in the UK for 12 days and had covered 4,874km during that time.
The operator had previously been sent a warning letter about cabotage breaches by the DVSA.
In the company’s application for the truck’s release, MD Ambrose Murphy apologised for breaching cabotage rules and claimed its transport manager had been told not to break the law again.
He said the firm intended to wind down its transport and property interests, and asked that the truck be returned before the closure of the transport side of the business on 31 March.
Murphy did not attend the appeal hearing last month, despite an earlier hearing being adjourned to allow him to attend.
In his written decision last month, Jones said: "Whether or not the appellant has or will have an operator's licence in the Republic of Ireland is not relevant. The point that is accepted on the agreed facts is that the appellant does not have an operator's licence in Great Britain, and furthermore, it has operated in breach of cabotage rules."
He concluded that the company had not produced any tangible evidence that it had taken steps to prevent cabotage breaches.