Enforcing the rules around cabotage is key to maintaining a fair and level playing field for GB operators.

In July this year a Transport Tribunal ruled in favour of VOSA's impounding of the trucks of an overseas operator found to be in breach of the rules around cabotage and combined transport. 



The vehicles, which were impounded separately late in the spring of 2011, belonged to the same operator, whose record indicated a serial and flagrant disregard of the rules around carrying out domestic haulage in the UK.

One vehicle was stopped and found to be in excess of the three journeys in seven days permitted by cabotage rules. The other vehicle was outside of the restrictions for combined transport. Neither driver was able to produce the required paperwork, so VOSA impounded the vehicles.  The operator appealed, arguing that VOSA should not have impounded the vehicles and that they should be permitted to produce the paperwork after the event.

However, the Transport Tribunal that heard the appeal ruled that in both cases VOSA was correct in its actions and agreed that these vehicles had been in breach of the rules for cabotage and combined transport respectively.

The Tribunal also ruled that it is the operator's duty to prove compliance and that it is not the role of an enforcement officer to stay with a vehicle while paperwork is sent over from another country. This means that documents must be carried in the vehicle and available for inspection at a roadside check and without these documents, the vehicle is operating outside of the rules. 

Overseas drivers are warned that they must carry and produce the paperwork to support a cabotage or combined transport journey, or their vehicles may be impounded.

VOSA says the message is clear: enforcing the rules around cabotage is key to maintaining a fair and level playing field for GB operators. VOSA will issue deposits and prohibitions against drivers and vehicles in breach of these regulations. Offending vehicles will continue to be sent out of the country by the nearest port of exit, or - in the case of serial offenders - the vehicles will be impounded. VOSA will strictly enforce the law with repeat offenders who try to undermine the competitiveness of GB operators on home ground, and will do so confident of the wholehearted support of the law courts.

Since cabotage rules were introduced in May 2010, VOSA has issued over 1,500 prohibition notices and sent these non-compliant vehicles out of the country by the nearest port of exit.