UK plans to prosecute hours offences committed abroad
Page 6
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by Karen Miles Ministers are to study revolutionary plans to prosecute UK truck operators for drivers hours offences committed abroad, which could pave the way for similar moves in the rest of Europe.
Department of Transport ministers, including Gus Macdonald, will decide if UK international operators abusing the drivers' hours regulations on the Continent should be tried at home in the same way as for offences committed on UK soil.
A decision to amend the 1968 Transport Act would be controversial. Currently UK courts can only hand out fines for hours infringements committed on British soil.
If persuaded to extend the principle to hours offences abroad, ministers would be expected to introduce a statutory instrument, which would involve debates in Parliament, to explain the role of the tachograph as a witness to the offence.
Macdonald is not expected to argue against extending UK jurisdiction, as it would tie in with the government's pledge to improve read transport enforcement. and the wording of the European drivers' hours regulation 3820 already encourages rt. It suggests EU states should be prosecuting their nationals for foreign drivers' hours offences. At present only Denmark. Belgium and Austria have (limited) jurisdiction over offences discovered abroad.
Any such move should win the support of the police and the Vehicle Inspectorate. They have complained for years about being unable to prosecute for hours excesses committed abroad. All they can do is prohibit the vehicle once it returns to the UK, and tip off foreign authorities about the operator.
Because the tachograph would provide the basis for prosecution, as it does for offences committed on home soil, penalties for infringements committed abroad would probably be identical, with maxi
mum fines of up to £5,000 and up to two years in prison for making false records with intent to deceive.
"This Is ground-breaking stuff that is unique as far as road transport is concerned," says a source.
If the UK extends jurisdiction abroad, could encourage similar moves in the rest of Europe. Enforcement officers from 12 EU states are studying drivers' hours regulation 3820 with the aim of unifying its cross-Europe interpretation (see page 6).