vosa cabotage

UK PROFESSIONAL DRIVERS FORUMS EURO DRIVING FORUM (INTERACTIVE)
1

Re: Vehicle stop on 5th December

Background information:

Vehicle enters the U.K. at 20.41 on 4th December
vehicle is stopped while exiting the U.K. at 13.40 on 5th December
VOSA alleges cabotage
Driver provides proof of being in main land European less than 24 Hours earlier.
VOSA insist on further proof and refuses to release the vehicle until it is obtained

I believe VOSA were wrong to accuse the driver of cabotage and were exceeding their powers by failing to release the driver and vehicle as soon as the driver produced proof of the vehicle being in mainland Europe approximately 24 Hours earlier

The further evidence requested by VOSA after this receipt had been produced ie Euro tunnel crossing and previous driver details were not required to disprove cabotage and should not have been requested under threat of continued detention and refusal to release the vehicle.

Until the following cabotage limits / rules could reasonably have been suspected of being exceeded I believe that VOSA should not be allowed to make that claim, detain the vehicle and driver, and refuse to release the vehicle and driver.

The following is a direct copy from the .GOV web site:

Cabotage

You can carry out a limited number of cabotage jobs in another EU member state if you’re a UK haulier with a Community Authorisation. The jobs must follow a journey where goods were transported from the UK or another member state.
Cabotage is the haulage of goods for hire or reward in one member state by a vehicle registered in a different member state.
As a goods vehicle operator, when you get a standard international licence you’ll automatically get a Community Authorisation.

When and where UK hauliers can carry out cabotage
You can only carry out up to 3 cabotage jobs in 7 days within the host member state.
EU member states which allow cabotage are:

Austria France Poland
Belgium Hungary Portugal
Cyprus Ireland Slovakia
Czech Republic Italy Slovenia
Denmark Latvia Spain
Estonia Lithuania Sweden
Germany Luxembourg Spain
Greece Malta Finland
Netherlands

Hauliers from these countries can also carry out cabotage jobs in the UK, subject to the same conditions.
In summary:

The vehicle was in the U.K. less than 24 Hours, it was stopped on its way out of the U.K. the driver produced evidence that the vehicle had been in Holland less than 24 Hours earlier

Am I reading the cabotage rules incorrectly?
Or is VOSA misinterpreting and applying them incorrectly.

I would appreciate your views on the above

2

Innocent:
]In summary:

The vehicle was in the U.K. less than 24 Hours, it was stopped on its way out of the U.K. the driver produced evidence that the vehicle had been in Holland less than 24 Hours earlier

Am I reading the cabotage rules incorrectly?
Or is VOSA misinterpreting and applying them incorrectly.

I would appreciate your views on the above

So long as he arrived from Holland, tipped his load, reloaded somewhere else and was proceeding out of the country, no cabotage at all has taken place, let alone the 3 movements allowed.

So whats happened, are they alleging that an offence has taken place or just being difficult because they feel like it?

3

Truck arrived from Holland yesterday, tipped the load, and was proceeding out of the country today, no reload
So no offence has taken place as far as I’m concerned
Being difficult because they feel like it OR don’t know the rules?

4

Innocent:
Truck arrived from Holland yesterday, tipped the load, and was proceeding out of the country today, no reload
So no offence has taken place as far as I’m concerned
Being difficult because they feel like it OR don’t know the rules?

Being difficult I’d say, or picking on an easy target who they know hasn’t broken the law so they can demonstrate they’re making an effort to check, rather than go after the blatant offenders elsewhere who would take time and effort to prosecute. But then, I have often being described as a cynical bar steward.

I do hope the truck was let on his way without delay?

5

driver was very lucky, he rang me and I could contact euro tunnel for the ‘extra evidence’ ie proof of crossing date and time they said was required and Email it to the VOSA guy. As I said earlier, this was under threat of detaining the vehicle and refusing to release it.
I would be interested to know how long he would sit there if he couldn’t of got the needless proof from me!

6

With regard to cabotage about 4 years ago was stopped by vosa, I came into the country via Dover unloaded then reloaded out of Scunthorpe to Immingham dropped tlr picked up another trl back to Scunthorpe back ti Immingham. Got stopped by Vosa told I had broke the cabotage rules, told to inform company and would not be aloud to move until company paid fine. Parked up for over 24 hrs then escorted to the port to catch ferry.

7

Innocent:
driver was very lucky, he rang me and I could contact euro tunnel for the ‘extra evidence’ ie proof of crossing date and time they said was required and Email it to the VOSA guy. As I said earlier, this was under threat of detaining the vehicle and refusing to release it.
I would be interested to know how long he would sit there if he couldn’t of got the needless proof from me!

They can detain the vehicle until they see fit to release it, but unless he was under formal arrest, the driver would have been free to walk away at any time.

8

VOSA idiots want their day in court it’ll be a nice day out at the VOSA officers expense!
That means the TAX PAYER will foot the bill.
my time, my solicitors fees, travelling, etc, etc, etc,
they are going to pay dearly. such a shame.

9

Amazing. They haven’t a leg to stand on, even more so him being empty. They are usually ok but every now and again you hear of or experience for yourself a VOSA officer of such staggering attitude and incompetence you wonder how they have a job in the first place.

10

Can’t help thinking that there must be a bit more of a back-story to this. Just a few days ago the issue with blank CMR’s and now this allegation of cabotage.

11

if you know more than I do then let me know.
Blank CMRs in the cab being not the actions of a reputable transport company. HMRC are wrong its a simple as that.
Cabotage VOSA have been wrong so far.
I’ve had two of my trucks stopped three times in a ten day period.
The latest cabotage allegation is for a truck that came into the U.K. on the evening of the 4th December via the tunnel, unloaded through the night, was stopped while empty and on its way to the exit port on the afternoon of the 5th December and they allege cabotage!! and send out a Fixed Penalty Notice.
Is it me? or am I right and they are wrong?
I’m trying to retain a sense of humour, but really I’m dealing with idiots here

12

I know nothing more than what you have posted here.

13

How long had it been in the UK on it’s previous visit?

As others have said, it appears to me as though we are only getting half of the story, especially as you are also claiming problems with having blank cmr’s. Sorry it just doesn’t add up.

14

The trucks come into the U.K. three times per week usually via the Tunnel and exit usually the next day or at the very latest the day after that either via the tunnel or Killingholme. They occasionally reload on their way out, they do not carry out any inter U.K. loads
Neither cabotage allegations are anywhere near the 3 loads in seven Days limit. I believe it is seen by VOSA as an easy way to get £300.00. Because they raise the Prohibition, and cancel the prohibition at the roadside, send you on your way, send the paperwork to their office then two or three weeks later you get the penalty notice through your door.
You can see from the above why I am posting this subject, any international driver could be caught by this at any time.

15

What nationality are your lorries registered under, there is obviously some reason for the treatment you are receiving and to say this could happen to any driver doing Europe is not true a UK registered lorry cannot be done for cabotage in the UK

16

Dutch registered, so in this case any driver coming into the U.K with anything but a U.K. registered truck.

17

You appear to think that simply leaving the UK and returning to mainland Europe “wipes the slate” as far as cabotage is concerned - I don’t think that is true. That is possibly why you were asked for more evidence of what loads your vehicle has actually carried (and more importantly, where from/to).

18

Who bears the burden of proof – are you guilty until proven innocent? What are their basis for cabotage allegation? Is having a HGV on UK soil sufficient proof of cabotage (to them) and you’re supposed to prove your innocence? Something doesn’t add up. Did they give any more details other than HGV’s presence in the country. If what you say is all there is to it, you should fight this…

As for wiping the slate clean – every “international carriage” should do it.

19

According to the UK Govt website, it is the down to the haulier to ensure his drivers have with them documents to prove that he is operating within the cabotage rules.

You must be able to prove that you’re operating within the rules for cabotage. As a driver you must have documents with you showing the:

name, address and signature of the sender and haulier
place and the date of taking over of the goods and the place designated for delivery
name and address and signature of the international consignee with the date of delivery
common description of the goods, method of packing, number of packages and their special marks/numbers
gross mass of the goods or their quantity otherwise expressed
number plates of the motor vehicle and trailer

20

the trucks start from Holland travel via Belgium, France and the tunnel to the U.K. unload the trailer and return either via the tunnel of Killingholme ferry to Holland, then they do it all again.
these cobotage allegations will be defended and we will not be paying the penalty notices.
VOSA need to get their head from up their arse and apply the rules correctly to guilty hauliers.