Mr Ryan Johnston v Driver and Vehicle Agency (T): [2025] UKUT 170 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Smith on 29 May 2025.
Read the full decision in .
Judicial Summary
Two Bulgarian registered large goods vehicles and coupled trailers were detained following a stop by DVA (Driver and Vehicle Agency) Enforcement Officers in Belfast, Northern Ireland on 21 September 2023. Neither vehicle was listed on an operator鈥檚 licence issued under s.1 of the Goods Vehicle (Licencing of Operators) (Northern Ireland) Act 2010. The Appellant, who was driving one of the two vehicles, claimed that both vehicles were undertaking cabotage under an EU Community Licence. Following a detention hearing on 5 December 2023 (continued on 12 March 2024), the Presiding Officer, on behalf of the Department for Infrastructure for Northern Ireland, determined that the vehicles and trailer were lawfully detained, with no grounds for return to the owner (the Appellant). He found that vehicle and trailer 1 were not operating in Northern Ireland on a temporary basis, and vehicle 2 had not produced the correct documentation, therefore the cabotage exemption requirements were not met. The DVA was directed to dispose of the vehicles and one trailer once the period for appeal had expired (the other trailer was returned to its owner). The Upper Tribunal found the Presiding Officer鈥檚 conclusions were not 鈥減lainly wrong鈥�. The appeal is dismissed.