have read many articles in your magazine and website, the latest being a template letter from RHA to be sent to Members of Parliament (MPs) about the apparent problems with the Schengen Area 90/180-day limits.
The Schengen Area’s 90/180-day rule allows non-EU citizens to stay in the Schengen Area for a maximum of 90 days within any 180-day period without a visa.
The most obvious thing (that immediately should be obvious) is that both HGV and PCV drivers are not using the Schengen 90/180-day limit, because they are working.
The Schengen tourist visa, and the waiver available to UK nationals, does not allow any work to be undertaken.
Specifically, the visa waiver does not apply to persons entering for the purpose of carrying out a paid activity in the member states. The majority of member states require someone to have a visa and a work permit if they intend to work there, even for periods of less than 90 days
Drivers are therefore not entering Europe under a Schengen visa, so the 90/180 limit therefore does not apply to them.
Exactly why they are permitted to enter Europe and work without a visa is really the question that should be asked, and it is likely that because they are working under the terms of an international treaty (the EU–UK Trade and Co-operation Agreement for HGV drivers or the Interbus Agreement for PCV drivers) they are not also subject to the need to apply for a separate visa. The agreed treaty permits the vehicle to operate, and the vehicle obviously needs a crew.
I would urge the trade bodies to establish exactly under what status the crew are permitted to enter Europe and also establish the parameters of that status.
Writing letters to MPs is a complete waste of time. The UK government has no power to change the way Europe controls its borders, and there is absolutely no incentive for Europe to make any changes.
Alan Williams, York
