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Curbing the criminals

8th October 2009, Page 26
8th October 2009
Page 26
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Page 26, 8th October 2009 — Curbing the criminals
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Which of the following most accurately describes the problem?

The Irish government is tackling the criminal element in haulage by making it illegal for those with serious convictions to hold an 0-licence.

Words: Brendan Nolan

-lad transport regulations in the Republic of Ireland mean automatic disqualification for any operator who has serious convictions in a number of specific areas (Irish laws will prevent serious criminals from becoming hauliers', CM 20 August). These include: • Murder • Manslaughter • Serious assaults • Drug trafficking • People trafficking • Money laundering • Sexual offences • Firearms offences A recent document, the Family Report, confirmed that a convicted drug dealer had been issued with a haulage licence and had operated a haulage business under that 0-licence.

Transport minister Noel Dempsey TD says: "In addition to recommendations contained in the Farrelly Report, a review of road transport licensing requirements raised questions about Ireland's compliance with EU law in this area. It is for this reason that I am announcing new legislation.

"It is imperative that we maintain the highest possible standards in the road transport sector." 0-licence disqualification will now apply if convictions are within the past five years when prosecuted on indictment, or two years when prosecuted summarily.

The legislation automatically disqualifies any licensee with any of the aforementioned convictions.

The 0-licence is automatically and immediately revoked from 10 September 2009.

Penalties for those who fail to comply with these changes will be a three-year prison sentence or a €500,000 (1457,000) fine, or both.

The Irish Road Haulage Association (IRHA) welcomes the measures.

It goes on to say that as many as 20 hauliers with criminal records may be forced off the road as a result of the new regulations.

IRHA president Vincent Caulfield says: "Once issued with an 0-licence, and regardless of how you behaved for the five-year period of that licence, there was no facility there to either revoke it or withdraw it. Once it was granted, it was yours for the five years. We welcome the changes in that regard.

Right to earn a Living?

A constitutional right to a livelihood was cited hi the past as a reason for not withdrawing a licence, according to Caulfield. He continues: "If you withdrew the licence, it was said that such action would withdraw the right to earn a living. But, if you are a lorry driver and are convicted of driving a lorry while drunk, or for dangerous driving, or whatever, and you lose your licence for some years, that didn't seem to be a problem. But taking away a haulage licence was said to be different."

The IRHA advises that people who have had convictions in the past five years should surrender their licences to the department within three months of 10 September.

Existing holders only

The new regulations only apply to those hauliers that already hold an 0-licence and have no effect on those tha don't and are not legally compliant, according to Caulfield, who says that any operator trading without a haulage licence should now face even greater penalties.

"The penalties for those should have been brought in at the same time,argues Caulfield. "If there isn't a follow-up, then the likelihood is that a person who has convictions, and who finds they are going to have to surrender their 0-licence, will continue to operate without the licence."

He continues: "The new regulations apply if you are inside the system; but if you are outside the system, there is nothing.

"More must be done to protect the legitimate and compliant licensed haulage sector."

Under the regulations, any operator who has been convicted under the specified headings is now obliged to inform the Irish Department of Transport (DoT) of this and return their 0-licence and all accompanying documentation to the department, explains the minister.

When quizzed, hauliers say the new measures will, in fact, affect very few operators, because it only applies to thc individual who is licenced in his own name. The legislation does not apply to corporate bodies, reveals Caulfield.

Extending the law

However, in introducing the initial measures, back in August of this year, Dempsey also announced he was going to introduce a further regulation, broader in scope; that will cover other relevant persons working in licensed transport operations, such as directors, transport managers and drivers.

"It will provide for disqualification in respect of convictions for serious offences committed beyond five years by licensees or relevant persons," says Dempsey.

According to statistics from the DoT, almost 85% of all road transport operators in Ireland operate five vehicles or less, In preparation for the introduction of this second regulation, the DoT has announced that it will consult with the road transport sector and other relevant bodies with a view to rolling out the new legislation in mid-November this year. al


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