Case for a test case
Page 9
If you've noticed an error in this article please click here to report it so we can fix it.
Could a haulier take the UK government to court over loss of business as a result of its lax enforcement policies? And if one did, what sort of compensation might result? Both questions have been raised this week in light of the European Commission's confirmation that foreign hauliers who spend week after week on domestic work in the UK could be breaking EU law. So why does the Department of Transport say there is "no question" of taking any action to protect us? Surely, if it's law, it needs to be upheld. And there's no doubt that more and more foreign trucks are visiting the UK each year, as the DOT's own figures show.
Perhaps we're just seeing a repeat of the woolliness with which the DOT approached the issue of flagging out and, as in that case, its position will subtly shift in time. But time is something many UK operators being undercut by foreign competitors don't have.
Either this cabotage is legal, or it isn't. And if it isn't, those practising it need to be stopped. A test case must be brought, and soon, before unfair competition results in terminal eradication of the UK haulage sector through lost contracts and company closures. If the UK government won't help protect its own, the outlook for UK hauliers is bleak indeed__
• The eagle-eyed among you will notice the lower-than-usual cover price on this week's issue. For three weeks, CM is asking less than a pound for the crucial information that helps keep you profitable, professional and legal. Can't be bad, can it? And talking of legal, don't miss your opportunity to pick up our free audio tape outlining the law on enforcement weighing. Our special offer starts this week—for details, turn to page 22.