[2024] UKUT 133 (AAC)

Section 2(1) of the Goods Vehicles (Licensing of Operators) Act 1995 (“1995 Act”) provides as follows:

“(1)…no person shall use a goods vehicle on a road for the carriage of goods—

(a)

for hire or reward, or

(b)

for or in connection with any trade or business carried on by him,

except under a licence issued under this Act…”.

Regulation 3(1) of the Goods Vehicles (Enforcement Powers) Regulations 2001 (“2001 Regulations”) permits an authorised person, such as a DVSA vehicle examiner, to detain a vehicle if the person “has reason to believe that a vehicle is being, or has been, used on a road in contravention of section 2 of the 1995 Act”.

The grounds for return of a vehicle detained under regulation 3 include:

“although at the time the vehicle was detained it was being, or had been, used in contravention of section 2 of the 1995 Act, the owner did not know that it was being, or had been, so used” (regulation 4(3)(c)).

Where a vehicle has been detained in accordance with regulation 3, regulation 9(1) of the 2001 Regulations requires the authorised person, if the vehicle was detained in England or Wales, to publish a notice in the London Gazette. The required contents of the notice include the statement that, “if no-one establishes within the period specified in the notice that he is entitled to the return of the vehicle, the authorised person intends to dispose of it after the expiry of that period in accordance with regulation 15” (regulation 9(1)(a)(iii)).

The authorised person must also, not less than 21 days before the expiry of the period given in the published notice, serve a copy of the notice on “the owner” of the vehicle (regulation 9(1)(b)(i)). The period specified in the published notice must be a minimum of 21 days, beginning with the date of publication” or “if later, a copy of the notice is served under regulation 9(1)(b)” (regulation 9(2)).

“Owner” is defined by regulation 2:

““owner” means, in relation to a vehicle…which has been detained in accordance with regulation 3 –

(a)

in the case of a vehicle…registered under the Vehicle Excise and Registration Act 1994, the person who can show to the satisfaction of an authorised person that he was at the time of its detention the lawful owner (whether or not he was the person in whose name it was so registered);

…(c) in the case of any other vehicle…the person who can show to the satisfaction of an authorised person that he was at the time of its detention the lawful owner.”

Regulation 22 deals with the giving of notice for the purposes of the 2001 Regulations:

“(1)

Any notice…under these Regulations may be served by post (or in such other form as is agreed between the person to be served and the person serving the notice).

(2)

Subject to paragraph (1), any such document shall be regarded as having been served on that party if it is—

(a)

delivered to him;

(b)

left at his proper address;

(c)

sent by post to him at that address;

…

(6)

If no address for service has been specified, the proper address for the purposes of these Regulations and of section 7 of the Interpretation Act 1978 shall be—

(a)

in the case of an individual, his usual or last known address;

…(c) in the case of an incorporated or unincorporated body, the registered or principal office of the body.”

Regulation 10(1) permits the owner of a vehicle detained in accordance with regulation 3, within the period specified in regulation 9(2), to apply to a traffic commissioner for the return of the vehicle. Regulation 10(3) adds that an application under regulation 10(1) “shall be served before the expiry of the period specified in regulation 9(2))”. However, these time limits are subject to regulation 23 (regulation 10(5)).

Regulation 23 provides for extensions of time, as follows:

“(1)

Where a traffic commissioner considers it to be necessary in order for a particular case to be dealt with fairly and justly, the traffic commissioner may extend any of the periods described in paragraph (3).

(2)

A period described in paragraph (3) may only be extended for such period as the traffic commissioner considers appropriate in the circumstances of the case.

(3)

The periods are those referred to in—

(a)

regulation 10…”.