Hm Courts Tribunals Service
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Judicial Summary
Refusal to return a tractor unit to its Dutch owners following a Driver and Vehicle Standards Agency stop which found that the vehicle was engaged in unlawful cabotage. Application for return under regulation 10(4)(c) of the Goods Vehicles (Enforcement Powers) Regulation 2001 (illegal use accepted but owner did not know that it was being or had been so used). No documentary evidence produced at all of systems, training, planning or witness statements. Deputy Traffic Commissioner determined that the company had not satisfied him that it probably did know of the illegal use. Decision upheld. An alternative finding of actual knowledge of illegal use based on knowledge of driver was partly upheld. Appeal dismissed.