TWO DRIVERS FOUND GUILTY OF CONTRAVENING THE MERCHANT SHIPPING (DANGEROUS GOODS AND MARINE POLLUTANT) REGULATIONS 1997

Press Notice No:  90-11                                                                 08 April 2011


On Thursday 03 February 2011, Michael SPREADBURY, a British national employed by Edington Logistics and driving their vehicle, a white Mercedes Sprinter van attempted to take passage on one of the DFDS ferries from Dover to Dunkerque.

He arrived at the freight check in booth at 19:23GMT and was advised that the sailing was already fully booked but he might be forward shipped if there was space for a small vehicle. He declared to the check in clerk that he was carrying 500kg of aircraft parts and passed over a CMR to that effect. He did not pass over the other paperwork including the dangerous goods notes and manifest.

DFDS later received a fax from Eurotunnel advising that this vehicle had been refused shipment due to consignment of UN2911 Radioactive declared in the paperwork.

Luckily this was received before the vehicle was loaded and a subsequent search revealed all the correct paperwork including several other parcels of dangerous goods

Mr Spreadbury admitted that when checking in at the Dover DFDS ferry terminal that he only handed the check in clerk his passport, weigh bridge ticket and CMR which did not mention any dangerous goods. He further admitted that he did not tell the clerk about the dangerous goods he knew he was transporting, nor did he produce the relevant paperwork which he had in his possession and had produced at the Channel Tunnel when attempting to check in there.

He stated that he had made a very silly assumption that he did not need to declare the dangerous goods at the check in booth because they were limited quantities and only declared when questioned that he had aircraft parts which they were.

The Magistrate said that Mr Spreadburys’ “moment of madness” would leave him out of pocket and fined him £750 and ordered him to pay full costs of £2,090.60.

At on Friday 28 January 2011 a British Mercedes car was stopped at a routine customs inspection at Dover Eastern Docks after arriving on a ferry from France.

The driver Tomas KUCIUS, a Lithuanian national stated he had been to see family in Lithuania and was now returning to the UK. A search of the car revealed nine Mercedes airbag modules in the boot. When asked if he had declared these airbag modules to Seafrance before boarding the ferry he admitted that he had not.

Kucius confirmed that he purchases these airbags in Europe from scrap car dealers and sells them in the UK on ebay.

He had been stopped by Port of Dover Police on several occasions prior to this incident and found to be carrying live airbags. The Port of Dover Police had warned him on each occasion that he must declare these goods to the ferry company.

The Maritime and Coastguard Agency in cooperation with the Port of Dover Police brought this prosecution because Mr Kucius had not heeded the previous warnings.

The Magistrate summing up stated that Mr Kucius’ explanation as to why he committed the offence after ignoring the previous warnings lead to endangering passengers and crew on board the ferry was a barely plausible explanation and fined Mr Kucius £2,000 and ordered to pay the full costs of £2,100 and £15 Victim support.

Jonathan Simpson, MCA Head of Cargo Safety.

The dangerous goods regulations are in place to protect both the ship and its passengers, and the court punishment reflects the significance of the breaches.

It is vital with cargoes such as these that the ship is made aware of their presence and that proper documentation is provided in advance of travel. I hope this verdict sends a strong message to others to always declare properly to the operator at check in.

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