he most romantic image outsiders have of the road haulage
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industry is of UK hauliers who run abroad: the long distances, the different towns seen with panoramas spreading wide. But it's an image with thorns.
Hauliers, even when travelling abroad, can't stop their trucks from getting into trouble. What happens, for example, if one of your trucks is involved in an accident or is impounded? What do you do if your driver has to face a trial in a foreign land—and how can you ensure he gets the correct legal representation and legal cover?
Len Beddows, managing director of Liverpool-based haulier Falcongate Freight, says UK hauliers travelling abroad must try to find cover for repatriation of and medical aid for drivers who are sick and injured, rather than legal cover. It's not that Beddows sees no need for it: he says many events can affect UK hauliers abroad, such as French police stopping vehicles for having suspected belly tanks on their trailers, or police issuing fines for tachograph offences, which are prime examples of occasions where legal help would be needed. However, he adds: "It's OK having legal cover. We have a policy with RHA insurance services, but at the end of the day it is down to you to deal with any legal situations which crop up out there."
However, many problems can affect UK hauliers abroad, chief among which are cigarette smuggling, drug smuggling and accidents, so it must surely be worthwhile to consider the best legal options and cover.
Grahame Cook of the RHA Insurance Services asserts: "Negotiating with foreign authorities and their legal processes can seem like wading through treacle. The result of contravening the foreign red tape could mean impounding and potentially significant fines."
Cook says it is crucial that hauliers get expert representation provided by professionals who are local to where an incident occurs. They should be well versed in local custom and practice as well as the relevant legislation.
"We provide motoring prosecution cover in Europe and Turkey up to a maximum limit of £50,000. We also provide a 24-hour law phone helpline," he says, adding that the cover can cost as little as i'39 a vehicle per year if an operator is running 30 vehicles.
The FTA's International Department, in contrast, does not run a scheme providing legal cover for its members. A spokesman explains: "Legal costs are not part of our subscription policy. They are paid for directly. If they were part of our subscription, companies which were frequently in trouble would be getting excellent value. It would not be fair on those who were not getting into trouble."
However, if a haulier does need legal assistance abroad, the FTA has a contact list of bilingual transport solicitors. "We will find someone who knows the transport laws in the particular country," it says.
So what is the stance outside the trade associations? Kevin Edwards, head of motor underwriting at Norwich Union, says coverage for UK hauliers running abroad is merely an extension of their UK policies. "They may pay an extra 10-20% in addition to their existing premiums," he says. "This will cover for events such as accidents abroad."
What of legal representation? "Yes, the policy would cover this if we felt it was appropriate to defend the case."
So what do the transport lawyers advise on the issue of UK hauliers and legal representation?
Ian Rothera of solicitors Rothera Dawson says if UK drivers get into trouble abroad they must first contact the local UK embassies and consulates.
"These will help them get into touch with a suitable local lawyer. The haulier or driver could also get into touch with his lawyer in the UK, who might know of a foreign lawyer who could help."
Rothera also points hauliers into the direction of the IRU which, he says, holds lists and registers of specialist transport lawyers in many countries.
It is a point expanded on by Stephen Jakobi of Fair Trials Abroad. "In Europe the standard of lawyers varies. In Northern Europe the standards are high, but below the olive tree line the quality is very variable."
He agrees that the first port of call for drivers in trouble in Europe is to go to their trade associations or the local British consulate.
"They will have a list of lawyers who can communicate in English," he says, "or they can try us at Fair Trials. In any case, if a driver is being unfairly treated we would want to know more."
Desperate people
You have only to look at the newspapers every day and television screens every night to learn more about the biggest problem faced by hauliers who operate abroad: stowaways. Desperate people from around the world are using every mode of transport to find their supposed paradise in Britain, and UK hauliers are one of the favourites. Most hauliers caught with stowaways are quite obviously unwitting parties to the crime. But the British government is clearly less than convinced of this fact. Hence its decision to impose L-2,000-a-head fines on hauliers caught transporting illegal immigrants.
What are the options for hauliers? Croydonbased Truckinsure has come to the aid of the innocent hauliers through a new insurance scheme which promises to pay the fines. Truckinsure says a haulier simply has to prove he followed the Home Office code of practice and an appeal can be made. It promises that money will be sent out within 12-14 days of a claim, providing all the paperwork is correct. Premiums are about koo per vehicle.
The RHA Insurance Services also offers such cover if hauliers "unintentionally breach the code of practice for vehicles embodied within the Immigration and Asylum Act 1999 and incur fines and legal costs in appealing against the penalty". The cost per year for unlimited journeys abroad is £550 per vehicle. This will provide £10,000 of cover for penalties and L4,5oo legal costs in any one year.
Kevin Edwards, the head of motor underwriting at Norwich Union, adds that "providing a similar policy to this is very much in our thoughts".