Reading about the various innocent drivers that have been caught up in the smuggling operations of unscrupulous companies pertaining to the innocent loads of groupage etc destined for the uk market and concealing the illegal substances amongst the loads in the hope they will be driven through europe to their destination compelled me to come up with a brilliant idea.but dont know if it will work…what about a declaration signed by the shippers stating that to their knowledge there are no illegal substances that have been loaded on this vehicle …or that all gods loaded on this vehicle conform to what is written on the manifest/invoices…this could be in a stamped version.one could even have a stamp made with the above…and stamped on the CMR just above where the signature is…i wonder if this could even be printed as part of a CMR document and would it stand in a court of law…someone higher up the chain of command could maybe get it incorporated as part of transport law.we certainly need some form of protection…and no one is fighting for our causes
.i await your views
a good idea trucky something has to be done to help innocent drivers
The shippers/haulage bosses are hardly going to hold their hands up and say " fair cop, it was me ".
It just seems to me that the authorities should get real and accept that a sealed load is a sealed load and it has to remain sealed to comply with international customs regulations ( unless of course it is opened and inspected by customs officials ) and unless they can prove that the driver has forged the documents or opened the box and re-sealed it the onus should be on the shippers/ haulage companies to prove their own innocence.
truckyboy: What you actually suggested puts more blame on the driver, not less, since the shipper has declared that there are no illegal goods on board, so therefore it must be the driver who put them there. 
What is actually needed is some kind of internationally accepted method of securing the container/trailer so that the driver cannot tamper with the contents, and a declaration from the shipper stating that they sealed it, and that they therefore take responsibility for whatever has been sealed inside.
Unless this happens, it is open to abuse either way - if the driver is automatically considered guilty, then we have the current situation, but if the guilt is automatically laid on the shipper, then some unscrupulous drivers could just pick up loads, switch a few pallets for drugs, and then blame the shippers if they get pulled.
The problem in France is that they don’t even care that you knew nothing about the drugs…You are guilty of Transporting drugs Knowingly or unknowingly. The law itself needs changing, All other forms of transport have the consignor responsible for what is loaded, I believe all packages are traceable from destination to destination…
On another point, I always get my vehicle sealed by the consignor and marked onto the CMR. yet when French customs officers break the seals to check my load (19 times in 2004) they refuse to replace them, although they will sign and stamp the CMR to say they removed the original seal.
I always dread loading groupage from Spain, especially Zona Franca, and get really worried going through the Border at LaJonquera, this is the most common place to be stopped by the French customs officers
Do I realy need to answer this?
Sorry, it’s been a hard day at work and I’m knackered!!
OK, it doesn’t matter what is written on the CMR, Customs, from ANY country will not accept it. They will only accept a correct Customs seal on the trailer with the appropriate T forms for the load. Without getting to technical, this is only possible if you load outside the EU as we,inside the EU, have no borders. In practice this isn’t what happens and trailers are opened and inspected by Customs on a regular basis. Ask any of the numerous international drivers on here, of which I was once 1.
No matter what is written, signed for or stamped on the paperwork, Customs from any Country you are in, including this 1, will assume the driver is guilty of whatever misdemeanor they can find to throw atyou, particularly in relation to any kind of drugs or human traffic. This has been proved in the past and I spent 14 long months languishing in a French jail for it.
If you have any doubts or want to support a change in the Law to make truck drivers the same as ships Captains, aircraft pilots or even train drivers ( including those who bring you over on the Shuttle) where the responsibility for the contents of the load are passed to the consignee or consignor then please log onto www.justicefordrivers.org and maybe you can help us get the Law changed.
Thanx for the rant and I hope it’s cleared a few things up.
Best regards
JOHN VASEY
PS btw I loaded in Zona Franca, Barcelona and was stopped and searched at La Balou (French side of La Jonquera) when I was locked up on 28th Feb 2003 so it does happen. Be carefull out there.
John Vasey
Yes guys .i have already voted at JFD…but we need action like …now…does anyone know whats happening about the petition…i must admit that the old T forms and sealing was a better security system than whats in place now…as was the T.I.R. system…of course we all know its not fool proof but it does take some of the pressure off the driver…i guess i want something to happen and some form of protection asap…but as we know changing the law throughout europe is not gonna happen for along time to come…they presume a driver is guilty before being proved innocent instead of being the other way round…there has to be something a driver can do to protect himself…other than not doing the job…which isnt the answer…any suggestions ?
have a nice day