Consequences of foreign affairs
Page 40
If you've noticed an error in this article please click here to report it so we can fix it.
Most hauliers believe they cannot be prosecuted in the UK For offences committed on the Continent because they are outside the jurisdiction of our domestic courts.
However, to avoid a false sense of security they should be aware that incidents overseas can still have important repercussions on this side of the Channel. Working on the Continent will be taken into account when assessing drivers hours, for example. If a driver completes five days work overseas his record is not simply wiped clean on his return—he will have to take this into account when calculating his next weekly rest.
Also, a daily driving period will continue until such time as the driver has taken a sufficient rest. Any hours driven abroad will be added to those on UK roads until a rest has been completed. The question of false tachograph records also raises an important issue. A chart showing driving abroad may be "produced" in the UK and can certainly lead to a prosecution.
One of the most important considerations is the effect which foreign offences can have on an 0-licence. The LA is not governed by the same constraints as the courts and can take foreign matters into account when considering the question of a company's repute or whether a driver is fit to hold a licence.
j by Chris Charlesworth