Letter from the Freight Transport Association
Thank you for forwarding to me the details of
the European Commission's proposal for a Council Framework Decision
on the European supervision order in pre-trial procedures between
Member States of the European Union. Please find in the following
paragraphs the comments of the Freight Transport Association (FTA).
1. The Freight Transport Association represents
the transport needs of UK industry. Its membership includes manufacturers,
retailers, logistics companies and hauliers, many of whom will
send their vehicles and drivers into mainland Europe as part of
their daily business activities. FTA members possess in excess
of 200,000 goods vehicles in the UK. The Association's transport
interests are multi-modal with rail, sea and air operators included
in membership.
2. FTA has, for many years, acted to help
its members run their businesses in compliance with the law through,
for example, its many publications, seminars and training programmes.
The Association believes that its actions are successful because,
considering the number of international members delivering goods
abroad, the number of instances reported to us concerning drivers
detained in mainland Europe is extremely small, probably no more
than two or three each year.
3. Those who are detained by foreign authorities
tend, in the main, to have fallen foul of traffic regulations
or the rules relating to driving and rest times, as well as the
use of the tachograph recording instrument. In our experience,
only rarely do cases involve the attempted smuggling of drugs,
tobacco or similarly prohibited or restricted goods.
4. FTA believes that drivers who are detained
abroad simply because of their lack of knowledge of local traffic
regulations must be released at the earliest opportunity. The
same is said for those who have no previous record of an infringement
of the driving times and tachograph rules in the particular member
state concerned.
5. Many transport undertakings comprise
of sole traders with just one vehicle or small businesses with
no more than two or three lorries. Detention of what amounts to
perhaps one third or one half of a small operator's driver employees
can clearly lead to serious difficulties for the continuing viability
of that business. For these reasons FTA welcomes the proposal
to allow pre-trial supervision of suspects in their own member
state rather than pre-trial detection abroad, wherever possible,
and which it regards as compatible with the Freedom of movement
of persons within the European Union.
6. However, FTA realises that such a course
of action may not be appropriate in all cases, perhaps where a
more serious offence or repeated lesser offences have been committed.
For example, on the grounds of road safety, FTA supports the mutual
recognition of driving licence offences across member states,
whereby a citizen convicted of dangerous driving in his normal
state of residence may not then continue to drive in another member
state. The decision on which course of action to follow would
have to depend on the circumstances of each case.
7. Considering the five options proposed
by the Commission FTA would not support the do-nothing option
(1). As has been stated above, there are circumstances in which
improvements can be made and these should be investigated. The
disappearance of suspects awaiting trial is a concern but option
(2) which specifically includes a "return mechanism"
would seem to address that matter. FTA therefore supports the
second option. If the existing provisions of the European
arrest warrant (3) legislation would, in any case, have to be
revisited to cover lesser offences, then arguably justice would
be better served by the introduction of a new measure. We have
no views on (4) or (5) other than to suggest as regards the Eurobail
scheme between courts that the system should be kept as simple
and as fast-track as possible, and properly funded by Government.
8. In conclusion, fortunately the problem
of FTA members' drivers or any other employees, for that matter,
being unreasonably detained abroad is not one that we are frequently
called to advise upon. We hope this brief letter will provide
you with sufficient insight to the Association's point of view
and should further details be required, please do not hesitate
to contact the undersigned.
10 April 2007
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