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Gonfiscation challenged
Page 13
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by Mlles Rrignall ansport lawyers are considing a legal challenge to the Jstoms & Excise policy that is led to several hauliers hay; vehicles seized after their 'ivers were caught trying to huggle tobacco into the UK.
It is believed that this issue as discussed at a recent eeting of the Transport iviNers Association—many .A members have clients who tve had vehicles seized. The Jstoms policy could soon be sted at the High Court.
Customs' policy on smugrig is similar to its treatment of idlers whose trucks are found contain illegal immigrants. Unscrupulous drivers can ake .2500 a load by agreeing to nuggle a pallet load of cigarettes • hand-rolling tobacco, safe in e knowledge that Customs is likely to pursue them, prefer ng fine the truck owner instead. Several hauliers have had to pay .21,000 to retrieve their vehicles, even when drivers admitted acting without their employers' knowledge.
Transport law yer Stephen Kirkbright says this matter needs to be tested in court: "Hauliers are being penalised for something they have no control over. They make all the checks
m the world; they can warn their drivers and check all recordsbut if the driver is determined what can they do?"
He points out that any haulier whose vehicle is used to smuggle goods deemed by Customs to be worth more than 50,000 will lose that vehicle for good. The only form of appeal Is to the VAT Tribunal—and Kirkbright warns that takes "the thick end of a year". He says it would be relatively simple and cost-effective to seek a judicial review of the policy If the courts decided it contravened European human rights legisla tion, Customs would be forced to change another of its controversial policies.
• Northern Irish hauler Carna Transport is still trying to recover 11,000 it was forced to pay to Customs to retrieve its truck and trailer a year after one of Its drivers decided to go into the smuggling business.
"What annoys me is the driver admitted it and has walked away scot-free," says Carna's Jim McCoy. We are the innocent party in this and have had to pay up—where's the justice in that?"
McCoy has written to his RP demanding action over the policy,