Decision

Decision for the return of a detained vehicle by RFS Hire Ltd

Published 30 April 2021

1. WESTERN TRAFFIC AREA

1.1 Application to the Traffic Commissioner for the return of a detained vehicle

1.2 MX08HGE

by

1.3 RFS HIRE LTD

2. BACKGROUND

The facts relating to the detention of this vehicle are Set out in the statement of DVSA Traffic Examiner David Copley and the accompanying potted history. In summary:

• RFS Hire Ltd held licence OH2021783. This was revoked following a public inquiry with revocation taking effect from 23:59 hours on 29 August 2020.Sole director and transport manager Roger Fowler lost his good repute and was disqualified from acting in either respect for a period of three years;

• On 8 February 2021, TE Copley was on duty at the DVSA enforcement site at the Marcham Interchange near Abingdon. At approximately 9.15, an officer of the Oxfordshire Roads Policing Unit escorted MX08HGE, a three axle Iveco tractor unit pulling a 3-axle semi-trailer into the site. The driver indicated that he was working that day under instruction of RFS Hire Ltd of Chittening, Avonmouth. He was on a journey from Southampton to Grimsby laden with a 40’ container;

• The vehicle was displaying an operator’s licence disc in the name of RFS Hire Ltd;

• Liaison with police colleagues identified that a vehicle with a disc in the name of RFS Hire had previously been encountered on 16 July 2021. It was seized as it was uninsured. Police had also encountered MX08HGE on 21 January and it was seized at that point as it was uninsured,

• TE Copley gained the necessary permissions and detained the vehicle.

An application for the return of the vehicle was received on 18 February 2021 in the name of RFS Hire Ltd and signed by Roger Fowler. The ground relied upon was that the company did not know that the vehicle was being used unlawfully. Mr Fowler explained “The vehicle should have been returning to Bristol unit only but the agents gave the driver the wrong detail and sent him on a job he shouldn’t have been doing. I would like the return of Iveco Stralis MX08HGE as I have provisionally sold it for export to Gambia”.

3. DETERMINATION

No-one has attended the hearing for the applicant. I am satisfied that papers have been properly served. Traffic Examiner Copley has attended and adopted his statements. Absent anything to the contrary, I adopt his findings as my own.

I have no evidence of ownership of the vehicle. A registered keeper is not necessarily the vehicle owner (see T/2013/15 Commercial Tradings Ltd).

The driver was clear that he was working for RFS Hire Ltd. There were delivery notes in the name of RFS Hire Ltd. RFS Hire Ltd had its operator’s licence revoked last year. It was laden with a trailer and that with a container. The vehicle was being used unlawfully and DVSA had every right to detain it.

Having held a licence, the applicant is clearly aware of the need for one. It has made no attempt to explain how it did not know that the vehicle was being used illegally. The law, as established in the caselaw, for example, Societe Generale Equipment France Limited, T/2013/21, sets out the steps to establishing knowledge. The caselaw also makes it clear that, once DVSA has established its right to detain a vehicle, it is for the applicant to make the case for its return (see, for example, T/2007/62 McKinney). No case whatsoever has been put before me.

I am not satisfied as to ownership. The application is refused.

Additionally, or alternatively, I have no evidence that the applicant did not know that the vehicle was being used unlawfully. The application for the return of the vehicle is refused.

Kevin Rooney

Traffic Commissioner, Western Traffic Area

21 April 2021