'Free Market' should mean exactly that shouldn't it? As the European Union celebrated its fiftieth anniversary this year it is worth remembering that  this was the EU's mission - to build a strong Europe with member states trading freely between each other without barriers.

So why the fuss about cabotage? The Council of Ministers favour  scrapping the current system which defines cabotage  as 'temporary' or 'occasional' work that is 'ad hoc, casual and circumstantial' The new proposal will allow an international haulier to carry out three domestic jobs within seven days in another member state. Supporters say this  will help end illegal cabotage because the burden of proof is on the haulier to show they are coming in on an international journey. At present it's the other way round - VOSA have to prove illegal cabotage for a UK-based prosecution to take place.

The cabotage report returns for a second reading when further amendments could be made. The Freight Transport Association opposes permanent contracts until operating costs, safety and enforcement standards are harmonised - a UK operator pays £3,327 for fuel to carry out the same work between Calais and Glasgow that costs a Polish operator just £2,679.

The European Commission will consider full liberalisation in 2014 but not before reviewing the state of the road transport market in 2013 to ensure fragile economies are not harmed.  The zealots, says Brian Simpson MEP, a supporter of the FTA campaign,  want free movement of everything and everybody.

Who will win? The FTA's dream of harmonised costs and conditions must surely be a long way off and certainly unrealisable before 2014. The 'three in seven' proposal  provides some clarity but it opens the door to an operator with 20 trucks carrying out 60 UK jobs each week, at a cost that imperils the existence of home-grown hauliers.  The ball may land at the feet of transport users. Do they want a strong UK haulage industry where service may have to be considered above price or do they want to take the cut-price option and risk not having a choice in the future? In straitened economic times the temptation to save a few bob now may prove irresistible.

Graduated Fixed Penalty, Financial Penalties Deposit and Immobilisation Schemes: Start date April 2009 and New Regulations

The regulations which introduce new fixed penalties, financial penalty deposits and immobilisation, removal and disposal of vehicles have now been published and come into force on 31st March 2009.

VOSA does not appear to be implementing commencement of this scheme until May (probably May 28th) various police constabularies have indicated to us they anticipate they will commence enforcement under the schemes with effect from 1st April 2009 onwards. Therefore drivers should be aware of this and plan accordingly.

These newly published regulations list new fixed penalties not previously covered by earlier fixed penalty schemes dealing with domestic and EU drivers' hours rules and tachograph use, prohibitions of foreign vehicles, fail to hold O licence, community authorisations and cabotage etc.

Separate regulations list the amount of £200, £120 and £60 to be imposed for each specific new fixed penalty offence - drivers' hours offences and overloading offences are graduated in penalty according to seriousness.

There are separate regulations for financial roadside deposits. These regulations list all the offences (including ones previously dealt with under fixed penalties by the police) which are to be the subject of this scheme and sums of £200, £120, £60 may be required from drivers without a satisfactory UK address; there are also £30 penalties under this scheme. Where such a driver is to be prosecuted, they will have to pay a deposit of £300 for a maximum 3 offences i.e. £900 as a surety aginst any future fine.

Separate regulations deal with immobilisation, removal and disposal of vehicles. In short, where a vehicle has been prohibited from being driven under the Drivers' Hours Rules, vehicles are unfit or overloaded or where no financial deposit has been paid the immobilisation of the vehicle can take place. There are fees for release of vehicle and removal and/or disposal.

If you require further information about this then please contact Tim Ridyard on tim.ridyard@barkergotelee.co.uk.

I am currently collating examples of how the new system is working and certain problems (e.g. police issuing penalties ( unlawfully) for 'historic' offences and excessive/ oppressive issue of penalties, primarily with regard to tachograph offences including document production). If you have anecdotes of how the system is or is not working then please log them here.

Tim Ridyard, Solicitor, Barker Gotelee solicitors -  tim.ridyard@barkergotelee.co.uk and www.barkergotelee.co.uk