Transport companies complain that customs inspectors, without the appropriate competence to do so and without any legal basis, impose financial penalties on them for violations not committed by drivers. They are issued on the basis of data from the national toll system, but customs officials cannot use this system to establish at the specific location who was driving the vehicle in question. If the driver does not pay a substantial amount, he cannot leave the country.
Recently, in a case of mine in one of the district courts, we were amazed at how a particular driver who was trying to cross the border was being sanctioned for an alleged offence committed twenty days earlier by another person who was then driving the vehicle.
In this case, in addition to the fact that it was not the sanctioned driver who was driving, but another person, it turned out that the Road Infrastructure Agency’s system did not take into account the payment of the toll due at certain arches, even though the system had worked on previous and subsequent ones.
The chairman of the bench said that it was a massive practice that threatened to flood the judiciary with lawsuits by transporters against , the Road Infrastructure Agency, whose metering equipment probably failed to be in adequate condition.
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