Impounding
The Vehicle & Operator Services Agency (VOSA) is now able to impound illegally operated lorries. Operators who knowingly and deliberately run their business without an operator's licence (when they should have one) will have their vehicles impounded and then sold or scrapped.
Impounding will provide the first truly effective sanction against unlicensed operators. These new powers are good news for the vast majority of operators who work within the law.
How do I know if I need an Operator’s licence?
Licence specifications are listed in Do I need a lorry operator licence? and Do I need a bus operator licence? If you decide to use a vehicle without an operator's licence when you should have one, you risk having it impounded by VOSA under new regulations. If you think you might need an operator's licence, contact your local VOSA Enforcement Office for advice before using the vehicle. (VOSA Enforcement Offices)
Can an Operator appeal?
The only grounds for making an appeal are:
- at the time VOSA impounded the vehicle, the person using it had an operator's licence
- at the time VOSA impounded the vehicle, it's use was exempt from O licensing
- the vehicle was being used illegally without the owner's knowledge.
If operators feel VOSA impounded their vehicle wrongly, then they can appeal, firstly to the Traffic Commissioner and then if necessary to the Transport tribunal. The process is outlined in the Disciplinary Process.
The impounded vehicle will be either sold or scrapped after 21 days unless an application has been made to the local Traffic Commissioner for its release and the application is subsequently successful.
Unsuccessful appeals will result in the vehicle being either sold or scrapped. There is a further right to appeal to the Transport Tribunal but the grounds are exactly the same.
Page last updated: 23/11/2005