Annex D
Impounding of illegally operated Heavy Goods
Vehicles
BACKGROUND NOTE FOR THE ENVIRONMENT, TRANSPORT
AND REGIONAL AFFAIRS SELECT COMMITTEE
INTRODUCTION
The goods vehicle operator licensing system aims
to ensure the safe and responsible use of HGV's and fair competition
between operators. To hold a licence operators must satisfy Traffic
Commissioners that they have proper maintenance facilities and
sufficient finance to keep the vehicles roadworthy. They must
also have a suitable operating centre and have proper arrangements
to ensure that the rules on drivers' hours are followed and that
the vehicles are not overloaded. Those who choose to operate illegally
escape these checks and often run their vehicles in a dangerous
condition, undercutting legitimate operators in the process.
Traffic Commissioners are also unable to use
against illegal operators the sanctions that they can and do employ
against licensed operators who commit serious or persistent offences,
such as the revocation, suspension or curtailment of an operator's
licence and the disqualification of the individual from holding
or obtaining a licence.
The Government is therefore keen to provide
Vehicle Inspectorate (VI) examiners with powers to impound illegally
operated HGVs at roadside checks. Earl Attlee's Private Peer's
Bill, introduced in the last session, would have introduced an
impounding scheme, but unfortunately it failed in the House of
Commons.
LEGISLATION
Amendments to the current Transport Bill (and
similar to the provisions of last session's Attlee Bill) were
considered by Standing Committee E on 6 April and are now included
in the Bill. In particular, they double the maximum fine for illegal
operation, remove the "margin" concession (which allows
operators to use new vehicles for up to 28 days without notifying
the Traffic Commissioner or displaying a disk in the windscreen)
and allow us to make regulations to give VI examiners powers to
detain and impound the vehicles of illegal operators. After Royal
Assent we will make the regulations under the negative resolution
procedure.
HOW THE
SCHEME WILL
WORK
Following a consultation in 1998, detailed discussions
took place involving interested parties, such as the FTA, the
RHA, VI and Traffic Commissioners to develop the proposals in
the consultation paper into a practical scheme. There will be
further consultation on the draft regulations with interested
bodies. The outline of how the scheme will work (see below) will
be finalised once the results of this consultation are known.
Identification of Illegal Operators
The scheme will only be workable if VI examiners
at the roadside can be sure that the operator of a vehicle has
no valid operator's licence, possibly as a result of previous
intelligence. VI examiners will have access from the roadside
to a database of licensed vehicles, allowing them to identify
immediately those that are being operated illegally.
Once the margin concession is abolished, and
in order to ensure that the database is up to date, operators
will need to be able to notify Traffic Commissioners immediately
that they intend to operate a new vehicle. This should be possible
by telephone, e-mail etc, early in 2001, when the TAN21 project
to modernise the IT systems of the Traffic Area Offices comes
into operation.
Detention
The Traffic Commissioners and VI are usually
aware of who are persistent illegal operators. It is therefore
intended that these offenders will have their vehicles specifically
targeted for impounding at roadside checks.
Once VI have identified a vehicle as being operated
illegally they will be able to impound it. Approved contractors
will then be able to move vehicles to a secure place where they
can be detained until reclaimed or disposed of.
Appeals
We are proposing to allow the owners of impounded
vehicles a right of appeal to the Traffic Commissioners if they
believe that their vehicle has been incorrectly impounded. We
are also planning that there should be a further right of appeal
to the Transport Tribunal. There is a right of appeal from decisions
of the Transport Tribunal to the Court of Appeal.
Loads
It is in consignors' own interests that they
use only licensed hauliers, but it is important to respect third
party rights. If the contents of a vehicle are detained they will
be sold or disposed of if not reclaimed within a specified time.
VI are accustomed to dealing with perishable
or dangerous loads and with vehicles carrying livestock and there
are precedents for transfers of loads when VI examiners issue
immediate prohibitions to unroadworthy or overloaded vehicles.
This experience will provide a model for dealing with loads under
the impounding scheme, although for certain loads it might be
necessary to involve other agencies, such as the RSPCA or the
Environment Agency.
Sale or recovery
If there has been no appeal, or if any appeal
was unsuccessful, VI will arrange for the impounded vehicle to
be sold. The costs of impounding and storing the vehicle, as well
as handling of the load, will be deducted from the proceeds of
this sale. Any surplus will be returned to the owner.
Hired vehicles
Users of hired vehicles are required to have
operator's licences, not the rental company—but rental companies
that do not check the operator licence of the operator hiring
their vehicle will run the risk of having that vehicle detained.
However, one of the proposed grounds for appeal to the Traffic
Commissioners for return of the vehicle would be if the vehicle
was being operated illegally without the owner's knowledge.
Foreign vehicles
Foreign vehicles fall outside the scope of the
proposed scheme, as our domestic operator licensing system does
not cover them. However, they are required to carry a Community
Authorisation as evidence that they comply with their own domestic
operator licensing legislation.
It is rare for a foreign-registered goods vehicle
in the UK not to have the correct authorisation, but where this
does occur prosecution action can be taken against the driver
and such cases are normally reported to the relevant authorities
in the country of origin.
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