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Cowboy clampdown
Page 30
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The Republic of Ireland is at last cracking down on illegal hauliers by revoking their licences and levying steep roadside
fines. Brendan Nolan reports.
Ireland's junior transport minister Jim McDaid is personally signing letters to illegal hauliers warning he will take action against them. There are some 10 cases in the system, with at least 12 more in preparation. However, the Irish Road Haulage Association (1RHA) reckons at least 25% of hauliers in Ireland are running illegally so clearly this is the tip of the iceberg.
Unlike the UK,where Traffic Commissioners adjudicate on licensing issues, Irish transport ministers issue or revoke a licence through the haulage section of the Department of Transport (DoT).An aggrieved operator may appeal against a revocation in the courts, but so far no case precedent has been set for such a move.
Officials write to the affected operator and warn that, unless an appeal is made to the DoT beforehand, the licence could be revoked unless they put their house in order. However, no list is issued of hauliers being investigated because of the legal difficulty of publishing names while the process is continuing.
Compliance Some are still in talks with us and others have been successful in coming back into compliance," says a DoT spokesman, "but we effectively close down anybody who does not comply with the regulations. There's a lot going on beneath the surface and every piece of information we get is followed up. We will come down hard on people who are not fulfilling the terms of their contract," he adds.
The Department may review the haulier's operation, revoke an existing licence for breaches, or refuse application for a new one. Officials examine the lack of a current tax clearance certiticate,which could indicate difficulties with financial standing as could a judgement registered by a court for an unpaid bill. A prosecution and conviction abroad could also affect good repute in Ireland, as could the absence of a qualified transport manager. No transport manager could mean a firm is going out of business or it might be recruiting to fill a vacant post. In either case, the Department issues a warning to the company. By the time inspectors have a file prepared, the operator may have come back into compliance, which may satisfy the DoT but not other hauliers.
"Sometimes, we investigate a haulier as a preventative measure but in the sector it's not seen as a positive result. The haulier comes in and gets licensed yet people perceive that he has been trading illegally But we see it as having removed another illegal from the sector." says the spokesman.
Following revocation. DoT officials will visit or watch an operator's premises to ensure haulage has ceased. However, there can be a problem of perception if the goodwill of the company has been sold to another. That company as a legal entity is entitled to conduct business using the logo of the company that lost its licence, but often other hauliers see the old trucks and logo on the road and assume the struck-off company is still operating.
The DoT enforces revocation by dispatching officers to ensure illegal haulage is not carrying on. They will even visit consignors to warn of possible prosecution under consigner liability regulations. If they find irregularities continuing, they will prosecute offenders in the courts.
Fixed-fine measures for illegal haulage come into force next year, enabling gardai to issue fines of up to €1,500 at the roadside. A haulier may appeal to the courts, though the fine may increase at the judge's discretion. Several fines could be imposed on an illegal haulier on a single day, says the DoT. However, unlike the UK where a truck may be impounded, legal advice to the Department is that it would be unwise to consider seizing a truck worth some €120,000 when the fixed-fine is €1,500. •