Cabotage in the UK

A Guide for European Operators

Zed Aziz

What is Cabotage?

Cabotage refers to the transport of goods within a country by a carrier who is not resident in that country. For European operators, this means using your vehicles to carry goods between two points within the UK, even though your business is based outside of the UK.

Cabotage Rules in the UK

There are strict rules that must be followed when performing cabotage operations in the UK. These rules are in place to ensure fair competition and road safety within the UK haulage industry.

Key Rules:

Hauliers from EU member states can carry out two cabotage operations for hire or reward in the UK within seven days of the last unloading of an incoming international journey.
Cabotage operations must be carried out using the same vehicle that was used for the international journey.
You must carry and retain all the necessary paperwork for the cabotage operations, including consignment notes and load manifests.
You must comply with all relevant UK laws and regulations, including those relating to drivers' hours, vehicle weights and dimensions, and road safety.

Examples of Cabotage Operations:

Permitted: A haulier from Spain delivers goods from Madrid to London. Within seven days of delivering the goods in London, the haulier uses the same vehicle to transport goods from London to Manchester and then from Manchester to Edinburgh. This is permitted cabotage as it involves two movements within seven days of the international delivery, using the same vehicle.
Not Permitted: A haulier from Poland arrives in the UK with an empty vehicle. They then pick up a load in Dover and deliver it to Birmingham. This is not permitted cabotage as the initial journey into the UK was not laden.
Not Permitted: Staying more than 7 days.

Penalties for Non-Compliance

The Driver and Vehicle Standards Agency (DVSA) and the Traffic Commissioners' Office (TCO) have the power to impose penalties on European operators who fail to comply with cabotage rules. These penalties can include:

On-the-spot fines: DVSA officers can issue on-the-spot fines for certain offences, such as failing to carry the correct paperwork.
Impounding of vehicles: DVSA officers have the power to impound vehicles that are being used in breach of cabotage rules.
Financial penalties: The TCO can impose financial penalties on operators who are found to have breached cabotage rules.
Disposal of vehicles: In serious cases, or where there have been repeated breaches of cabotage rules, the TCO can order the disposal of vehicles.

Impounding Rules

Statutory Document 7 sets out the rules for impounding vehicles. Key points include:

DVSA officers must have reason to believe that a vehicle is being used in contravention of the legislation before they can impound it.
The owner of an impounded vehicle can apply to the TCO for its return.
The TCO must hold a hearing if requested to do so by the vehicle owner.
The TCO can extend the time limits for making an application or holding a hearing if necessary to ensure that the case is dealt with fairly.

Historic Cases

There have been a number of cases where European operators have had their vehicles seized and disposed of due to repeated breaches of cabotage rules. In one case, a Polish haulier had their vehicle seized after it was found to be carrying out cabotage operations without having first made a laden journey into the UK. The haulier had previously been warned about their non-compliance with cabotage rules. The TCO refused to return the vehicle and it was subsequently disposed of.

Same Rules for PSV Cabotage

It's important to note that cabotage regulations don't just apply to Heavy Goods Vehicles (HGVs). Passenger Service Vehicles (PSVs), such as coaches and buses, are also subject to similar cabotage restrictions. European operators using PSVs to transport passengers within the UK must adhere to the same rules regarding the number of permitted journeys, the use of the same vehicle, and the retention of necessary documentation. The penalties for non-compliance are also similar, including fines, impounding of vehicles, and potential disposal in cases of repeated breaches.

How Fleet Transport Consultants Can Help

If you are a European operator and have found yourself in trouble with the law over cabotage rules, Fleet Transport Consultants can help. We can provide expert advice and representation to help you navigate the legal process and achieve the best possible outcome for your case.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional for advice on specific legal issues.

Cabotage in the UK

A Guide for European Operators

What is Cabotage?

Cabotage refers to the transport of goods within a country by a carrier who is not resident in that country. For European operators, this means using your vehicles to carry goods between two points within the UK, even though your business is based outside of the UK.

Key Rules:

Hauliers from EU member states can carry out two cabotage operations for hire or reward in the UK within seven days of the last unloading of an incoming international journey.

Cabotage operations must be carried out using the same vehicle that was used for the international journey.

You must carry and retain all the necessary paperwork for the cabotage operations, including consignment notes and load manifests.

You must comply with all relevant UK laws and regulations, including those relating to drivers' hours, vehicle weights and dimensions, and road safety.