Your chance to comment on the effect of EU membership on transport law.

The government is carrying out a review of the balance of competences between the UK and the EU. As part of this exercise it is asking for evidence of what are the advantages and disadvantages to the UK of EU action in the field of transport.

The review is looking at the competencies or powers that derive from EU law. These come from the EU Treaties and the Directives and Regulations that implement the Treaties. It is also looking at the principle of proportionality; that the content and form of EU action must not exceed what is necessary to achieve the objectives of the EU Treaties.

The Government is asking for responses and evidence to a set of questions which include:-

To what extent is the EU internal transport market necessary for the effective functioning of the EU internal market as a whole?

What impact has the EU action had on different stakeholders; for example, has it provided the right balance between consumers and transport operators?


The EU’s competence in the field of transport law has primarily been exercised through legislation and clarified through case law. To what extent has the EU approach been proportionate: what alternative approaches would benefit the UK?

This is an opportunity to provide the government with evidence of the effect of measures such as the Drivers’ Hours Rules and Working Time legislation. The consultation document can be found on the Department for Transport web site and responses must be submitted by 6 August 2013.

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