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Court ends fines no one can afford
Page 6
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The Court of Appeal has drastically cut stowaway fines for hauliers and drivers. David Harris reports.
Exclusive!
THE COURT of Appeal has set an important legal precedent by stating that truck firms and drivers must not be fined more than they can afford for stowaway 'offences'.
The ruling should cut substantially the size of fines handed out to truck drivers and operators convicted of bringing in stowaways.
It comes after a marathon legal battle by Fermanagh-based Loane Transport and its driver Nicholas Turton, originally fined a total of £34,000 after 17 illegal immigrants were found in the panniers of a semi-trailer in December 2002.
Although this fine had already been reduced to £17,000 after a request for review to the Home Office, it should now be reduced even further after the appeal court decision.
Just as importantly, others convicted in future can argue that their means and the "totality" of the penalty should be taken into account when the size of fines is assessed.
Tim Culpin of Chester law firm Aaron & Partners. who was involved in the landmark ruling, says he is delighted with the decision, issued in writing last week. "Ability to pay now becomes crucial, so it will clearly be ridiculous to fine a driver who is earning £300 a week £17.000," he says.
It is more than 18 months since the stowaways were found in the Loane Transport truck, driven by Turton, which was carrying oranges from Spain.