Haulier acquitted of illegal operation takes case to Brussels

Joseph Galea, a haulier who last year was stopped from operating his business because he was said to lack a licence as required by an anachronistic law, has been acquitted of the accusation that he was operating without the necessary permit.

The court, presided by Magistrate Aaron Bugeja, acquitted Galea after the police failed to substantiate their claims against Galea 

Galea was taken to court accused of breaching the law, which required hauliers to have a licence issued under the 1967 regulations.

The time required for the authorities to appeal has expired and no appeal has been presented.

On 17 April 2014 after five years operating freely within the Maltese territory, including the port, as a haulier, the Maltese Customs at Laboratory Wharf stopped Galea on arrival from Italy with two of his trailers containing community status cargo.

When stopped, Galea was told that he could not exit the port with his second trailer because he did not have the old 1967 Hauliers Licence, a requirement of an anachronistic law which restricts access to hauliers with a licensing system which predates Malta’s joining the European Union.

Galea claims that the customs offiers who stopped his operations have now been transferred but no action has been taken against them.

"I was a victim of their wrong doing which resulted in the bankrupcy of my company, which left me without an income."

Galea insists that the 1967 law has been superseded by new laws which came in place after Malta joined the EU in 2004. This was because before Malta became a member of the EU a haulier’s licence was issued by the Customs Comptroller but after Malta joined the EU this licence started being issued by Transport Malta.

 “Customs has no jurisdiction over goods transported through the EU,” Galea told MaltaToday when interviewed last month.  

Subsidiary legislation issued on 1 January, 2009 on the registration of vehicles, states that registration marks followed by letters HQ are required in the case of vehicles used for the carriage of goods by hauliers operating nationally. 

The law makes no reference to the need of any permit from customs. 

“Before Malta joined the EU hauliers fell under customs. Under the new law we operate according to permits issued by Transport Malta,” Galea says.

Transport Malta’s own website states that the hauliers market is fully liberalised but for an unknown reason does not issue the HQ plates as laid down by the law. 

As a result of the decision to stop him operating in the port, Galea, who had invested in his new business after Malta joined the European Union, is facing hard times, having lost his main source of income.

“Soon I will have to sell my house as it is making good for the loan that my company has,” he told MaltaToday.

Galea holds a National and International Operating Licence for the carriage of Goods on a hire and reward basis in Malta. “Through these past five years I had no problems as an operator with the Maltese authorities (Customs) but everything changed after 17 April, 2014.

“With my National and International Operating licence I operate freely in all member states but strangely not in my own country,” Galea says. 

Galea has complained to the European Commission and a Commission spokesperson confirmed that the directorate is considering the issue. 

“As we have just started analysing the matter, it is not possible for me to further comment on it,” the spokesperson told MaltaToday last month.