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TC admits that she has no control over foreign drivers
Page 8
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chris.tindatlfarbixo.uk and roger.brownfarbi.co.uk THE SENIOR TRAFFIC Commissioner (SIC) says operators using drivers of any nationality who flout the law will continue to be hauled to public inquiries, despite an admission by the Scottish TC that it is powerless to act against foreign drivers.
Philip Brown's comments come amid growing anger at the lack of action taken against at least four foreign drivers employed by Kilsyth haulier McLanachan Transport (see box).
The company has had its licence suspended, its directors have been warned, one driver disqualified and 12 others suspended. The fleet has also been cut from 28 vehicles to 12 following a five-day public inquiry.
However, when concerns were raised by the UK drivers' solicitor that foreign drivers had not been called to public inquiry, TC Joan Aitken was forced to acknowledge the legal loophole.
"Given that I have no jurisdiction over foreign drivers, there was no comfort I could give to that observation:' she said.
The lack of action has prompted TruckNetUK suggesting the law discriminates against British drivers.
However. STC Brown says it will continue to punish cowboy operators using foreign drivers to break the
He says: "It is correct that TCs do not have jurisdiction on vocational licences held by nationals of other countries, which are accepted in the UK through reciprocal recognition ar rangements. Operators are responsible for ensuring that all their drivers, regardless of nationality, understand the requirements and responsibilities of the haulage industry and TCs will continue to hold to account any who fail to do so."
• Read a full interview with Philip Brown, including his views on phoenix companies, on page 14.