The rules have applied ever since the UK left the European Single Market, and are a consequence of Boris Johnson’s “oven ready” trade deal that saw UK citizens become treated as 3rd-country nationals in the EU.
The most prominently reported impact of the changes has been the issues faced by so-called ‘swallows’, UK citizens who spend the colder half of the year in the relative warmth of Spain.
However, the rules have also impacted international lorry drivers who spend considerable time in the EU.
Last November, a number of lorry drivers took to social media to explain how their passports were filling up quickly with stamps from EU border guards. One driver said that his passport was getting stamped at “least twice a week”. Another trucker said his passport had been stamped so often and flicked through so regularly that it was “falling apart”.
Now, it has emerged that a lorry driver working for an RHA member company has been guilty of staying too long in the EU.
The RHA says that the lorry driver received a penalty and was told not return to the EU due to exceeding the 90-day rule. The violation of the rules was discovered in The Netherlands, where the driver was dropping off a trailer.
Commenting on the case, the RHA wrote:
“It’s important to be aware of the number of days your drivers are spending in Europe and be mindful of the limits. With the holiday season approaching, days used for work will encroach on any holiday requirements, and drivers could find themselves refused entry to countries for their holidays. Employers should explain this situation to drivers and allow them the flexibility to undertake personal and business travel without breaching the 90/180 days.”
The RHA added:
“The 90 days in 180 rule is part of our legal agreements with the European Union, which means exceeding the limit is breaking the law. Some border points may not appear to enforce the rules as much as others but that doesn’t mean controls aren’t in place.It should also be noted that a company sending a driver who has exceeded their allowed entry days is asking, or possibly even inducing, the driver to break the law. There could be come back not only on drivers but also on their company.”
Photo: Stena Line, CC BY 3.0, via Wikimedia Commons (image cropped)