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FTA: EU road transport regulation - enforcement is the key Print

The Freight Transport Association has told the European Commission that higher quality standards for road transport operators’ entry and conduct in the industry are not required. FTA says that any shortfall in operating standards is more likely to be the result of poor application and enforcement of regulations by some member states. The problem can only be resolved by member states themselves taking responsibility for introducing appropriate systems, not by adding further burdens on to the industry in those states which enforce the regulations in a manner that ensures a high compliance rate.

 

FTA made these comments when responding to the European Commission Consultation Paper on Revision of the Community Legislation on the Access to the Road Transport Market and on the Admission to the Occupation of Road Transport Operator.

Questions asked by the consultation document included whether higher qualitative requirements should be imposed relating to insurance, financial standing, personnel qualifications, vehicle maintenance, operating conditions and related matters.

Whilst FTA supports measures which would improve standards, the Association believes that higher qualitative requirements would not necessarily lead to improved standards within the EU market and, indeed, could present additional unnecessary barriers. Such requirements would be disproportionately burdensome for industry and would be contrary to the Commission’s targets to simplify procedures and avoid excessive complexity.

In response to the Davidson Review on implementation of EU legislation in the UK, FTA has openly criticised domestic regulations which interpret the EU requirement to demonstrate available capital and reserves as cash in the bank or overdraft facilities. Immobilisation of funds is not sound business practice and this interpretation is extremely inflexible when compared to all other member states except for Luxembourg. FTA has been invited to meet with the Cabinet Office to discuss this issue further.

FTA believes that member states must be required to improve communications systems by establishing an EU-linked database of information which would assist efficient and effective enforcement operations in every member state. In the UK, enforcement resources are being used to maximum effect by utilising modern technology which immediately produces computer generated information on the vehicle and operator at roadside checks. This has achieved a positive effect on the level of enforcement, resulting in an overall improvement in standards. However, such systems are not yet being used elsewhere in the EU and their uptake should be encouraged.

FTA has told the EC that the definition of cabotage - the ability for a road transport operator to accept work whilst in the territory of another member state - should be amended to ensure that whilst empty-running should be kept to a minimum, as had been the original intention of the rules, the opportunity should not be provided for unfair competition due to variations in fuel duty rates and labour rates across the EU. In the UK the domestic haulage industry continues to suffer from so-called cabotage competition largely resulting from local diesel duty being 47p per litre against an EU average of just 22p per litre. FTA says that cabotage should not allow the indefinite operation of vehicles in another member state but should be limited to a maximum of two or three consecutive days and restricted to vehicles on the homeward bound element of an international journey.

Source: Press Release

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