Application for return of detained lorry refused

Commercial Motor
September 1, 2022

An operator has had its application for the return of an impounded HGV refused after the traffic commissioner (TC) found it was fully aware its O-licence had expired.

A vehicle belonging to Swindon-based Allen & Foxworthy was stopped by the DVSA in West Sussex and officers discovered
there was no licence in force.

Six days later the same vehicle and driver were stopped again in Leatherhead and this time it was detained by the enforcement agency.

The company applied for its return, claiming it was unaware the truck was being operated in contravention of the act and that
it hadn’t realised the O-licence had expired.

No one from Allen & Foxworthy attended the subsequent hearing, during which TC Kevin Rooney criticised it for attempting to adjourn proceedings:

“I am not told with any detail why an adjournment request has been made so late in the day, nor what purpose the adjournment would serve,” he said.

“This is the third adjournment request and my tribunal room has already been left empty by this operator on two occasions when tribunal resource is at an absolute premium.

“I am left to conclude that the adjournment request is another device to avoid scrutiny.”

Rooney went on to point out that the renewal date was clearly marked on each disc displayed in each HGV’s window and reminders were also sent to the firm.

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