A DUNDEE businessman has been told he cannot have his lorry back after it was impounded for being operated illegally.
Kerr Hay, who owns Tayside Scaffolding Ltd, failed in his bid to have the vehicle returned following its confiscation in November.
Traffic Commissioner for Scotland Joan Aitken told Mr Hay his case would serve as a warning to anyone running an HGV without an operator’s licence.
An inquiry in Edinburgh heard that Mr Hay blamed “stupidity and naivety” for the oversight, which saw him pulled over by officers from the Vehicle and Operator Services Agency (Vosa) on the A9 near Perth.
He had previously been written to four times by Vosa, reminding him that his Ford Iveco Cargo could be impounded if he did not obtain an operator’s licence.
A subsequent licence application was rejected after it failed to meet some of the mandatory criteria.
Miss Aitken’s report of the hearing stated: “The Vosa evidence, which Mr Hay did not dispute, was of Mr Hay being stopped on February 25 2011 by Vosa and Tayside Police in Dundee.
“The vehicle was laden with scaffolding. There was no operator’s licence for the vehicle. He was cautioned and charged with not having an operator’s licence.
“In the event, for some reason not disclosed, the procurator fiscal did not proceed against him.”
The inquiry heard that Mr Hay’s unlicensed vehicle was then spotted 12 months later on the M90 and A90.
He was written to by officers but saw his subsequent application for a licence refused before the lorry was finally impounded on November 2.
In a letter supporting his bid for the return of the lorry, Mr Hay said he had let the licensing arrangements “slip his mind”.
Miss Aitken’s report said: “In his letter, Mr Hay asked that I take into account that he wasn’t trying to cause any injustice by driving without an operator’s licence.
“He had applied for a licence and was refused. He had the intention of reapplying but had let it slip his mind.”
Mr Hay said the vehicle was in excellent mechanical condition and had been introduced to the business to save on haulage fees and help compete with other firms.
Issuing her decision to refuse Mr Hay’s application for the return of the lorry, Miss Aitken said: “Vosa produced compelling evidence for their decision to detain the vehicle.
“This case serves as a reminder to all who would disregard a Vosa warning that an operator’s licence is required.
“Continuing to operate after Vosa has warned of the need for an operator’s licence can result in a vehicle being detained and the hardship and inconvenience which Mr Hay and his companies will now experience.
“There is also the resultant knock-on effect to employees and to any families who depend on the business for their livelihood.
“It is a sad outcome but, as Mr Hay himself recognised, it flowed from his needing a lorry to compete with others yet stupidly not getting a licence.”
sgillespie@thecourier.co.uk