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Zero defence for drivers, says court
Page 6
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European justice says drivers are responsible for any contraband found in their trucks. Keith Nuthall and Jennifer Ball report
TRUCK DRIVERS caught with illegal goods in their trucks will be held responsible, even if they are demonstrably the victims of deceit, thanks to a landmark ruling from the European Court of Justice.
In a case last week, the court ruled that drivers who unwit tingly drive concealed goods into a European Union country are responsible.even if the contraband is hidden in a secret compartment.
It means anyone caught with drugs on board can automatically be presumed guilty, and where cigarettes or alcohol are being smuggled. the driver, rather than his employer, will be liable for any duty evaded, even if a Customs inspection reveals they have been duped into smuggling.
The court says the EU's Community Customs Code requires that a truck driver and co-driver declare all goods. "including those hidden in a secret compartment specially made for that purpose... even though the goods were hidden in the vehicle without their knowledge". As a result, "the person who has introduced goods into the EU without mentioning them... is a customs debtor".
The ruling, which sets a precedent in all EU countries, centres on two drivers, who brought a trailer owned by a third party into Germany in 1998. When the truck was examined, Customs found cartons of cigarettes in a secret compartment in the trailer's ceil ing. The officials demanded the drivers pay DM85.347, which they contested, claiming the cigarettes had been hidden without their knowledge.
Paul Le Greys. the Professional Drivers Association's European representative, says: "Everybody is screaming about the rights of the Guantanamo suspects but no one cares about the rights of the truck driver simply doing his job."
Mike Freeman, the Road Haulage Association's head of international affairs, says: "It's bloody nonsense.
"There is no way on earth that a driver can declare goods that he doesn't know are onboard. It could stop all transport movements as drivers will want their loads opened up, which goes against normal procedures."
• www.justicefordrivers.org