Impounding

Although it is often overlooked, the Traffic Commissioners hear appeals regarding impoundings that the Driver and Vehicle Standards Agency (DVSA) have made. The three cases highlighted below, determined by Kevin Rooney, Traffic Commissioner for the West of England, show some of the different reasons these might be refused.

In the first case, the appeal is refused as the operator simply kept operating after their licence expired.

The second case hinges on the knowledge that the finance company, who are accepted as the rightful owners, have of the illegal operations. They are found to have a great degree of responsibility.

The commissioner said “It is unconscionable for the owner of this vehicle to defeat the purposes of the regulations by shutting their eyes to the obvious, and I find that they have exhibited a wilful and reckless failure to make such enquiries as an honest and reasonable person would make. That goes well beyond mere negligence and I find a high degree of fault on the part of Haydock Finance Ltd.”

Finally, the ownership of the vehicle in the third case is in doubt, due to the business practices of the companies involved.