The RHA calls for closure of loophole
Wednesday, 10 March 2010
THE ROAD Haulage Association (RHA) is calling on the UK government to stop contracts awarded to Danish and Spanish transport firms that have no licence to operate trucks in the UK.
The organisation said the contracts relate to haulage movements for new wind farm projects, thanks to a disputed loophole in EU law: the Combined Transport Directive (CTD), 106/92.
Normally, to undertake haulage in the UK, the haulier must have to have a UK operating licence or, in the case of foreign operators, be operating under cabotage regulations.
The RHA said hundreds of abnormal load movements were involved, all carried under special regulations as the load cannot be moved on a conventional 44-tonne articulated lorry.
However, under EU Directive 106/92, a foreign haulier can deliver within another country provided that: the sea journey was from one member state to another; the sea journey was of at least 100km; the final road journey leg was within a radius of 150km from the port.
If all these criteria are met, there is no limit to the amount of time the foreign truck can remain in the member state.
For the wind-farm projects, large components made in Spain and Denmark would be sent by sea to ports around the UK. Once landed in the UK, the RHA said foreign trucks will transport them to the wind farms.
Set up almost 20 years ago to encourage firms to develop coastal shipping between countries rather than go by road, the RHA said CTD was never intended for transport to islands such as the UK, where there is no road link.
“This is a massive mis-use of the Combined Transport Directive”, said RHA director of policy Jack Semple.
“British transport companies are heavily regulated for road safety purposes. They have the expertise and equipment to do the job.
“It is scandalous that the wind power sector should be by-passing them to bring in foreign companies that operate without a UK licence.
“We are calling on the Department for Transport’s enforcement agency, Vosa, to block the operation on the grounds that the Combined Transport Directive was not intended for this sort of operation and does not apply.
“We will also be raising the issue again in Brussels and setting out a strong case. The Combined Transport Directive is inappropriate in respect of islands to which there is no road link and we are pressing Brussels to clarify or amend the Directive to recognise that fact.
