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UK is 'worst in EU' for drivers' hours Continentals lay into VOSA for poor enforcement and a loose
Page 6
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interpretation of the law. Jennifer Ball and Chris Tindall report.
ENFORCEMENT AGENCY VOSA faced attacks on two fronts this week from the Continental transport establishment.
First a Dutch transport lawyer questioned the legality of VOSA's interpretation of EU cabotage rules —then the German BGL, the equivalent of our Freight Transport Association, published a league table showing that the UK is the worst country in Europe for its enforcement of the hours rules.
Lawyer Han Vallenduuk says VOSA recently wrote to a number of his clients —UK operators who have flagged out to the Netherlands — warning that after entering the UK they have to leave the country after one month if carrying out cabotage (see news story, page 12). VOSA says it is concerned that some foreign operators are carrying out illegal UK haulage work. It
threatens to inform the licensing authorities in Holland if the work patterns are not altered within 12 weeks of receiving the letter. There is also a possibility of the trucks being impounded.
However, Vallenduuk argues that there is no legal interpretation on the length of the period of cabotage: "In the European Court ruling in the Gebhard case, the meaning of 'temporary' is very unclear and can even be interpreted as being one year, the maximum period European law allows for a vehicle to have its MoT.
"It seems that the UK's Department for Transport has obtained some 'agreement' from the European Commission to restrict cabotage to a period of one month, but it has not supplied a written agreement," he adds. "The Commission is not the body to interpret the European Law. EC vicepresident Loyola de Palacio declared in a recent French report that one week is too short and six weeks is too long. I have now written to the Dutch Transport Minister and the Commission asking them to clarify it4:41.4 A their positions." A Loyola de Palacio: Six weeks is too long for cabotage Meanwhile the
German BGL association says that the UK has the worst enforcement of the hours rules of any country in the EU.
It has published figures which suggest that the Germans are the most efficient at making their hauliers obey the rules, scoring 100 out of 100 on both the quantity and quality of enforcement. The UK scores only half as much on quantity (51) and a pal
try seven out of 100 for its quality.
According to the table, France, Italy and Spain all do much better than the UK on the quality of their enforcement.
The figures emerge as the International Road Transport Union last week sent the European Union proposals to make sure that the driving and rest time rules are administered "fully and equally" across all EU countries.