The driver referred to was arrested by French police near St. Etienne on 5 August 1994 and charged with endangering public safety by driving on over-weight vehicle on a weight-restricted road. On 8 August a court found him guilty and the truck was confiscated.
Since this case came to our attention my Department and the embassy in Paris have done everything possible to assist the owners and the driver of the truck. We have been in contact with the French Ministry of Transport, the judicial authorities, the police and the lawyer acting for the driver. These contacts have resulted in the appeal hearing being expedited and it is now scheduled for 18 November. Appeals in France normally can take up to two years.
The charge against the driver was brought under the new French Penal Code which came into effect this year. The French authorities maintain that the weight restriction applying on the road in question has been clearly signposted since 1991 and that this, together with concerns voiced by local residents after eight deaths in the area involving trucks in the past three years, explains the strict approach of the police and the court.