In recent years, the transport sector has faced growing challenges, particularly regarding the legality and fairness of road controls conducted by local control authorities. One case, in 2023, involving a Romanian transport company, has drawn significant public attention due to procedural violations during the road control by French authorities (DREAL)[1]. Unfortunately, such cases are increasing across the EU, with no European mechanism to ensure fairness in enforcement.
It highlights a troubling pattern that has been affecting the transport industry across Europe for years. It underscores the urgent need to protect the legal rights of transport companies and their drivers during road controls.
[1] trans.info article about the mentioned case: https://trans.info/en/roadside-check-error-407375
Procedural Violations and Drivers' Rights
In this 2023 case, a Romanian driver was questioned DREAL officers in French, despite not speaking the language[1]. The driver requested an interpreter and a lawyer, but the officers used Google Translate, ignoring the request for proper legal representation. This violated the driver’s fundamental rights and compromised the inspection’s fairness.
The court ruled that the driver was not adequately informed of his right to defense—a critical aspect of criminal procedure—especially when indications of potential violations were present. Furthermore, the court found that relying on an automatic translation tool without verifying the translation’s accuracy significantly undermined the integrity of the questioning. As a result, the court invalidated the charges against the company, pointing out the procedural flaws that led to an unjust penalty.
My colleague, Agnieszka Martinez, who is daily working with road controls, commented that, “This case is not isolated. We see such procedural errors daily in our practice, affecting transport companies and their drivers. These errors not only undermine the rights of drivers but also place unnecessary burdens on transport businesses.”
[1] The Romanian Transport Association (UNTRR) on their website: https://www.untrr.ro/ro/lipsa-unui-interpret-motiv-de-nulitate-a-pvcc.html
Supporting Transport Companies and Drivers
The goal is clear: to support the transport sector by defending the legitimate rights of both transport companies and drivers. Fairness in procedural enforcement must be a priority in road controls and inspections, ensuring that the legal rights of those involved are respected. When proper procedures are ignored, the entire sector suffers from an erosion of trust, which ultimately affects efficiency and safety.
Both Agnieszka Martinez and I fully support the decision to annul the penalty in this case. It was a necessary step in restoring confidence in the legal processes that govern road inspections. These inspections should serve as a means of ensuring safety and compliance with regulations—not a tool for imposing unjust penalties.
The Need for Reform in Inspection Procedures
This incident highlights the urgent need for reform in how road controls are conducted in European countries. Professional mediators should be recommended in cross-border transport inspections, particularly when language barriers exist. Clear and transparent communication is vital to ensure that both parties understand the context correctly.
The main goal of these mediators is to advocate for better legal processes that protect transport companies and drivers from procedural mistakes. Transport companies should not face the additional challenge of fighting for fairness every time they are subjected to an inspection. The industry deserves to operate under conditions of transparency, with consistent legal procedures that prioritize the rights of all parties involved.
Drivers must be informed of their right to legal defense, the right to an interpreter, and the right to remain silent if necessary. Transport companies and drivers should be able to rely on clear, fair, and consistent procedures during inspections, especially when cross-border regulations come into play.
