Impounded Vehicle Restored After DVSA Fail to Follow Proper Notice Procedure

Simon Clarke represented both the Owner, a bank, and the Hirer of a custom built open car carrier at a hearing in front of the Traffic Commissioner to seek the restoration of a vehicle seized for suspected breach of cabotage rules.

One of the main issues to be resolved was whether the vehicle, composed of a Mercedes Actros rigid truck with an attached Kassbohrer superstructure, was a single unitary vehicle or a tractor unit and trailer; and therefore, whether all or part could be impounded.

Simon took an initial point in respect of whether proper notice had been given by the DVSA of the impounding as specified in the regulations.

The Traffic Commissioner agreed with Simon Clarke that the Regulations stated that the service of the notice was mandatory and a time scale was clearly specified. In this case that had not been done and the vehicle was restored to its owners without further consideration of the merits of the case – a short hearing!

The Traffic Commissioner commented that in a heavily regulated industry it was important that the regulations were seen to be followed correctly by a government agency, as well as the operators and drivers.