O'Leary International fails to win back confiscated vehicles

VOSA has branded a failed attempt by an Irish haulier to win back four vehicles confiscated by North Wales police for drivers' rules and digicard offences as a tremendous result for its joint venture with the police.

District Judge Richard Clancy, in a hearing at Dolgellau Magistrates Court in North Wales, turned down O'Leary International's application for the return of the vehicles - worth £52,000 - that had been seized by officers under forfeiture orders.

North Wales VOSA area manager Dave Collings describes it as "a tremendous result" for the North Wales Commercial Vehicle Unit, made up of one full-time VOSA examiner and two police traffic officers.

"The case clearly shows that the concept of pooling our resources to improve road safety is working."

The unit was set up in January 2010 in response to public concern over non-compliant commercial vehicles travelling along the A55 to and from Holyhead Port.

O'Leary International, based in Wexford, runs a fleet of 95 trucks and 250 trailers and won International Haulier of the Year at the 2010 Fleet Transport Awards in Ireland.

The confiscations relate to separate incidents:

May 2010, driver Anton Bosch produced a false attestation letter to officers stating he was on holiday between 7 March and 17 May. But checks showed he had driven artics in and out of the UK on at least nine occasions during this period.

Bosch was arrested and received a 16-week custodial sentence.

June 2010, driver Agnis Gocs received a 12-week custodial sentence for a similar offence.

September 2010, driver Stanislavs Kadisevskis was sentenced to eight weeks' imprisonment for a related breach.

January 2011, driver Constantin Cojocaru was stopped and found to be using two digicards, including another driver's. He was sentenced to eight weeks' imprisonment for fraud and obstructing police.

O'Leary International told the court it had not issued the attestation letters and the drivers created them themselves and forged the transport manager's signature.

The company argued it had no knowledge of the driver using two digicards, however Judge Clancy ordered O'Leary International to pay £1,300 costs.

RHA chief executive Geoff Dunning welcomed the decision in the light of the association's Stamping Out the Cowboys programme.

"We need to level the playing field. We do not need operators tarnishing the industry."