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Hauliers await appeal on fines
Page 6
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EXCLUSIVE
• by Chris Tindall Two International haulage firms must watt to see whether they are granted an appeal against hefty fines imposed after stowaways were found In their trucks.
German transport company Spedicam GmbH and Belgian-based Giraud Belgie NV, part of French haulage giant Giraud, were at Nottingham County Court last week defending the systems they set up to enable drivers to adequately check vehicles for illegal Immigrants.
On 21 January, both Spedicam and driver Werner Hobelsberger were Issued penalty notices for £16,000 and £3,200 respectively. This followed the discovery of 16 clandestines in Hobelsberger's trailer at Coquelies.
A notice of objection Issued by the company reduced the company's penalty to £4,800. Spedicam argued that the code of practice it implemented was adequate, and that drl
vers were trained how to check their vehicles every time they took a break.
Spedicam's representative, Riidiger Haas, told the court its trade union provided details of checks to the company and these guidelines were adhered to. He denied the suggestion by the firm's own general manager that Hobelsberger was not sufficiently trained. However, he was unable to explain how drivers were supposed to check the trailer roof after he admitted they were given no equipment to dose.
Clair Weir, for the Home Office, argued that checking vehicles was the driver and employer's responsibility. She also said that a checklist appeared as evidence "like a rabbit from a hat" that day and had not been produced earlier.
The court also heard how 14 illegal Immigrants were found in a Giraud Seigle truck on 22 December 2002, en route to England. David Gale, for the Immigration Service, accepted that the company's adopted system for stowaway spotting was adequate but because the driver, Maximilleu Kociszewski—who has since left the firm—and Giraud Belgic were jointly and severally liable, it now faced a £3,200 fine.
The company's representative, Geert Vandepitte, said he was unaware the law surrounding liability had changed, as it had experienced problems in the past but had not been penalised. He assumed the driver would foot the bill.
Judge Inglis will give his judgment in the next two weeks.