Nick Jones, the traffic commissioner for Wales, said Dundalk-based Portway Logistics could offer no tangible evidence that it had taken steps to prevent illegal use of the vehicle.
The vehicle was stopped on 2 December in Wales. Tachograph checks by DVSA revealed the truck had not left the UK since 20 November and had covered almost 5,000km in that time. This was in breach of cabotage regulations, which allow hauliers in the EU to carry out limited jobs in other member states.
“Whether or not the appellant has or will have an operator’s licence in the Republic of Ireland is not relevant,” said the commissioner after an impounding hearing in Welshpool.
“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.”
The commissioner also noted that Portway Logistics had previously received a warning from DVSA about the cabotage rules.
Separately, the Office of the Traffic Commissioner (OTC) is also reminding operators that licences can be revoked if issues are not addressed within a permitted period of grace.
The extra time can only be granted for a maximum of six months and the financial or transport manager issues must be remedied in that period.
The reminder comes after the withdrawal of an appeal by Albany Waste Services against an order to revoke its licence – after it failed to prove financial standing and professional competence within a four-month period of grace, granted by the traffic commissioner for the East of England.
“Operators who are given extra time need to be proactive as soon as the period of grace is granted,” says an OTC spokesperson.
“Traffic commissioners will not approve periods of grace simply to put off revocation for a few more months. The extra time is granted so that operators can actively secure the future of their licence and demonstrate continuing commitment to compliance with the licensing regime.”