Scottish independence: the implications examined

By Categories: NewsPublished On: Monday 30 June 2014

scotlandflagHauliers operating from or into Scotland face a period of uncertainty if the Scottish people vote for independence this autumn. It should be remembered, though, that a victory for the ‘yes’ campaign does not mean Scotland becoming an independent nation overnight: the process will take many years.

The ‘yes’ campaign appears reluctant to address key practical issues relating to the operation and regulation of road transport, and referred this publication to the Scottish government for answers. As we went to press, no answers were forthcoming.

Indeed, the ‘yes’ campaign appears to the dispassionate observer to be centred more on the differences that currently exist between Scotland and the rest of the UK, such as university fees, than the obvious issues that would arise for Scotland as an independent sovereign state.

It asserts that an independent Scotland “will not be kicked out of the EU,” but was unable to provide any substantive references to back this argument when asked by Transport Operator.

The European Commission president José Manuel Barroso claimed earlier this year that a newly-independent Scotland would have to apply for membership of the EU, and that accession would need to be approved by all member states.

Some political commentators have suggested that a Scottish application may lead to concern, or even a veto, from nations such as Italy, Spain and Belgium, who do not wish to give any encouragement to separatist movements within their own national boundaries.

Meanwhile, the Scottish nation might find that acceptance by the EU was dependent upon it signing up for membership of the euro and/or the Schengen Agreement. Either would have enormous political and practical significance both in terms of Scotland’s relationship with the remaining United Kingdom, and public opinion – especially given that the ‘yes’ campaign has proposed the pound would remain the national currency post-independence.

What is clear though is that, EU member or not, every journey to or from Scotland from England or Northern Ireland would, under EU rules, be classed as an international journey. Operators undertaking such work would have to apply for International Operators Licences, which would in turn entail employing a Transport Manager with the requisite Certificate of Professional Competence: an old-style National CPC would not suffice. All other standards which apply to international journeys between EU states would apply to journeys into or out of Scotland, including cabotage and letters of attestation.

If Scotland was not allowed to join the EU, then it is likely that it would nonetheless become a signatory to the AETR agreement which commits its 17 non-EU signatories to following EU transport regulations, including Driver CPC.

A non-EU Scotland could, if it wished, opt out of imposing the Euro 6 standard on its vehicles, but this in turn might cause problems for Scottish operators wishing to sell vehicles across the border. The border itself may be subject to customs and immigration controls, although how strict these might be remains to be seen.

As far as hauliers are concerned, some clarity on the practicalities of independence are provided by the Scottish government’s white paper on the subject.

It proposes a phased merger of the Scottish operations of transport organisations including DVLA, DVSA, and the Scottish traffic commissioner’s office into a single Scottish Motor Services Agency, with the organisation going live early in the second term of an independent Scottish Parliament.

“This approach means that drivers, hauliers, airlines and their passengers, rail operators and their passengers, and mariners experience a smooth transition as powers begin to be executed by an independent Scotland or jointly with the rest of the UK, through existing institutions,” the white paper asserts.

It also pledges support for Scotland’s ferry network: “With the fully-integrated transport system that independence will deliver, we can ensure the best alignment between ferries and other modes of transport.”

But operators hoping for a much–desired reduction in fuel duty are likely to be disappointed. The white paper will only promise that, “with independence, this Scottish government will examine the benefits of a introducing a fuel duty regulator mechanism to stabilise prices for business and consumers and how this could be made to work alongside our Scottish Energy Fund.”

Interestingly, this publication has been unable to find a single operator, Scottish or English, prepared to offer an opinion on the independence debate.