Vehicles and trailers had been detained by the respondent. The claimants said that the vehicles were being used under a ‘cabotage’ scheme allowing foreign lorries to be used temporarily on the UK.
Held: Any haulage contractor holding the appropriate European licence was entitled to perform cabotage. That applied irrespective of the withdrawal of the UK licences. That did not apply however where the operator was in effect practising as a full time operator within the UK.
Lord Justice Tuckey, Lord Justice Longmore and Lord Justice Toulson
[2008] EWCA Civ 534, Times 03-Jun-2008
Bailii
Council Regulation (EEC) No 3118/93, Council Regulation (EEC) 3118/93 (OJ November 12, 1993, No L279/1), EEC 3118/93, Goods Vehicles (Licensing of Operators) Regulations (1995 No 2869)
England and Wales
Road Traffic, European
Updated: 01 November 2021; Ref: scu.267919
