LEGAL
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PRODUCED IN ASSOCIATION WITH THE ILG
How to avoid French fines
n increasing number of British HGVs are being stopped by French police who then impose huge spot fines for seemingly trivial offences. The driver is given two options—pay or go to prison until the case goes to trial. The lorry will be impounded until the fine is paid or the matter is tried. The current increase in spot fines being imposed by French police follows a French Government circular published earlier this year highlighting the need for the state to keep tight controls on their road ways and to balance the interests of haulage contractors with other road users.
Cynics suggest that the problem has also occurred as a result of the open market and an increasing tendency of non-French hauliers to avoid paying high French prices for dery by fitting belly tanks.
Paying substantial spot fines is serious enough. But the problem of having a vehicle held up for Iwo to three days if the consignment is perishable can be a disaster. You can be in a better position by noting the following points: • All drivers should have access to immediately available funds. Make arrangements with local agents, lawyers, accountants other laulage contractors. • Give your drivers eurocheques with a eurocheque card (with the appropriate safeguards). The fine is not a fine in the true sense but is a deposit against an anticipated fine when the matter goes to court. Treat it therefore like a UK court case.
• Instruct your drivers to take the number of the police officer and precise details of the offence.
When a driver returns to the UK challenge the fine by writing to the local Procurator De La Republique (his address will be on the spot fine notice). Frequently in ILG's experience the spot fine will be improperly imposed in respect of a matter which is not actually an offence. A driver must insist that the French police give official receipt for the payment which should specify the nature of the offence. • If you receive a summons subsequently it will only be valid if it is served through the UK Central Authority (a branch of the Home Office) any other service is totally invalid. The UK Central Authority will offer advice and assistance.
• Remember the spot fine is not a fixed penalty it is money on account: you can defend the case and you can seek a rebate. You can do that in writing and you do not have to attend. • As in most cases advice to hauliers is do not sit down and take it. Act promptiy as described above, do not be afraid to make formal complaints to your MP, your MEP, or the Department of Transport.