On Tuesday 27 August 2024, I pleaded a case at the Court of Appeal in The Hague for a professional driver with 44 years of service who was forced to park his tanker (ADR) along the side of the road on an industrial estate in Albrandswaard-Rotterdam.
After a long working day, unloading a load of hydrochloric acid at Shell Pernis took hours longer than expected. The driver was overcome by fatigue. Driving further was not an option.
The Pernis car park was fully occupied. After 20 minutes, the driver found a safe parking space along the road at Distripark Eemhaven. This resulted in a fine for violating the Dangerous Goods Transport Act, which prohibits parking within built-up areas with a vehicle carrying dangerous goods, including an empty tanker.
This is unacceptable. Should the driver have chosen to drive home for half an hour, or to get back on the highway in search of a parking space outside the built-up area, of which it is clear whether he would even be able to find it?
The driver is certain that he will never knowingly risk his life or that of others. He made the right choice. Safety first.
The imposition of a (conditional) sentence should be avoided. With (financial) support from many fellow drivers and sympathizers, the legal battle can be fought.
The structural shortage of 4,000 parking spaces causes parking problems for at least 4,000 professional drivers every day. Traffic jams with parked trucks on the hard shoulder have unfortunately become a familiar sight. That this is life-threatening is beyond dispute.
The verdict of the Court of Appeal in The Hague will follow on October 8, 2024. An update will follow on the site and on Linkedin.
Otto Lenselink
August 2024
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