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“Cabotage” is the carriage of goods between two points in one EU Member State by an operator based in another EU Member State. It enables an operator to enter an EU Member State (“the Host”) on an international journey, deliver goods and pick up further goods for journeys within the Host, before departure from the Host; however, such journeys must be temporary, non-permanent and irregular.
From 14 May 2010, new EU rules on cabotage came into force. Under the new rules, once the goods carried in the course of an incoming international journey have been delivered, operators who are the holders of a Community Authorisation are now only permitted to carry out up to three cabotage operations in the Host within the 7 day period following the delivery of an incoming international load in the Host using the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle.
DVSA now include cabotage in all roadside checks of foreign vehicles and drivers found to be in breach of the cabotage rules will be issued with a fixed penalty notice of £200 and ordered to proceed directly to their country of origin.
JMW’s road transport specialists can provide operators and drivers with assistance and advice in relation to the cabotage rules including:
- the implementation of a comprehensive written policy in relation to the cabotage;
- the documentation that drivers should carry with them when carrying out cabotage operations;
- the circumstances in which permission to carry out cabotage operations may be unrestricted;
- challenging fixed penalty notices issued in relation to alleged breaches of the cabotage rules.
If you need advice on how the European Cabotage rules affect your business speak to one of our specialist road transport solicitors on 0800 054 2062 or complete the enquiry form.