Should there be a Yes vote for Scottish independence in the forthcoming referendum, then there will be consequences for the haulage industry throughout the whole of the United Kingdom. As regards operator licensing much will depend upon whether a newly independent Scotland negotiates membership of the EU.

Failure by a newly independent Scotland to negotiate membership or a delay in negotiating membership of the EU would mean not only would those who currently travel into Scotland on a standard national licence need to upgrade to an international one, but would also need to consider the position of their transport managers.

EU regulations state that a transport manager should be the person who continuously and effectively manages the transport activities of the business, has a genuine link to the business and is resident in the European Community. During a period of negotiation or if the newly independent Scotland fails to secure membership of the EU, then a transport manager living on the Scottish side of the border but working for an English company would fail to satisfy the EU requirements for being a transport manager.

For further information of the potential consequences of a “yes” vote see my Commercial Motor article of 29 May 14 and for the effect on other issues such as cabotage and driver licensing the Commercial Motor article of 7 August 14.

http://www.commercialmotor.com/the-transport-law-blog/breaking-away