Two  HGV  drivers  are  facing six month driving suspensions after carrying illegal  alcohol  loads  –  evading total tax and duty revenue of more than £70,000.

The  two  men,  from  Croydon  and  Hastings,  were stopped by Border Force officials  in  July  last  year  when checks revealed the loads had invalid excise duty-suspended movement codes.

They  also  found  the vehicles had expired tax discs and that the required tax  had  not  been  paid.  Neither vehicle was displaying a valid operator licence disc. The vehicle registration mark on one of the vehicles had also been altered by hand.

During  driver  conduct hearings last week in Eastbourne, both men appeared before the industry regulator, Nicholas Denton.

Michael Fitch, from Croydon, told the Traffic Commissioner that he had been offered work by a man called Steven Hatter, who he met at the Circus Tavern garage in Purfleet.

He  only  met  Mr  Hatter  on one occasion and received his instructions by phone.  On 11 July, he travelled to Calais to swap over trailers and on the return  journey,  while  carrying  a  load  of  alcohol,  he was stopped on entering  the  UK.  HMRC officers seized the vehicle after finding that the administrative  reference code for the movement of duty suspended goods was invalid.

The revenue amount (excise duty and VAT) involved was £36,450. He  had  been  working  for  Mr Hatter for around a year and had previously driven  a vehicle which had been seized by the French authorities. Mr Fitch told the Traffic Commissioner he did not know why this had happened.

Records  also  revealed that Mr Fitch had received a £600 fixed penalty for not  taking enough daily rest. He had passed the paperwork to Mr Hatter for payment  but  this did not happen as the penalty was increased to £1000 for non payment.

Mark  Waller, of Hastings, was also stopped on the same day entering the UK carrying  a load of mixed beer. The administrative reference code was found to be invalid and the vehicle was seized by HMRC.

The revenue amount (excise duty and VAT) involved was £35,222.

Mr  Waller  told the Traffic Commissioner he worked for an individual named “Steve”  and  that he was paid in cash. He admitted that he had noticed the vehicle  was  not  displaying  a  valid tax disc but Steve had indicated he
would  sort  that  out.  Mr  Waller did not spot the falsified registration plate  on  the  vehicle  because he had failed to do a walk round check, as drivers are required to do.

He also admitted that a vehicle he was driving for Steve had been seized by HMRC  in  December  2013. He had stopped working for Steve after the second vehicle was taken in July 2014.

In   decisions  issued  after  the  driver  conduct  hearing,  the  Traffic Commissioner  said  both  drivers  must  have  been  well  aware  and for a considerable period of time that they were working for an organisation that operated in a highly illegal manner and “almost wholly outside the law”.

“Neither vehicle was taxed, neither vehicle carried the obligatory operator licence disc, both drivers were paid in cash without any payslip, they knew that  vehicles  run  by  ‘Steve’  had  a  habit  of  being  seized  by  the authorities.  The  drivers knew perfectly well what they were about: it was not a matter of gullible drivers being deceived.
“This  is  not  the  conduct  a  professional  LGV  driver  and  is  simply unacceptable,” he added.

Mr  Denton  warned  drivers  in  the  industry  that they will be called to conduct  hearings  and face similar action if they knowingly drive vehicles on illegal alcohol and tobacco runs.

“Driving  untaxed  vehicles  with  no  operator’s licence and with drivers’ hours  therefore  unsupervised, and carrying goods on which excise duty has been  evaded,  is  unfair  on  those operators and drivers who abide by the rules  and  is a serious threat to road safety in that there is no employer check and enforcement of drivers’ hours as would normally be the case.”

The professional driving licences for both men will be suspended from 00:01 hours  on  01  July  2015  for  six  months. They will be disqualified from driving professionally until 00:01 hours on 01 January 2016.

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