New rules are set to come into force this week which will limit the number of Cabotage journeys a foreign haulier can make in any one week in the UK.
Cabotage is the haulage of goods by road between two different points in the same country by a non-resident haulier. Journeys where a haulier picks up a load and drops it within another country are generally disallowed under agreements but UK hauliers are allowed to do Cabotage journeys in most EU member states.
But from May 14th 2010, new European Union rules will come into effect which will limit the number of Cabotage journeys that can be done in any seven day period to three separate journeys.
In addition, within that seven day period and where entry into the country is unladen, the haulier can make just one Cabotage operation within three days of entry.
Sean Joyce, road transport partner at Stephensons Solicitors LLP, advises drivers and hauliers facing prosecutions. He says: “This is a very significant change which could have a detrimental effect on the livelihood of foreign drivers, in particular drivers from the Irish Republic, many of whom spend their working week in England.
“It will be interesting to see how this is enforced by VOSA. Hauliers must produce evidence of international carriage and Cabotage operations, and if they are found to have contravened the new rules, the penalties include a warning or possible temporary or permanent ban on Cabotage operations in the future. In addition, the operator could be the subject of a criminal prosecution.”
Stephensons has a dedicated legal helpline, called Carry on Driving, which hauliers and their drivers can call for free initial legal advice if they are facing prosecution or have been contacted by the Police or other law enforcers such as VOSA.