Authorities inspected foreign bus companies as part of intensified supervision – deficiencies observed in almost every company

Eleven international bus transports were inspected during joint supervision – nearly all were found lacking with regard to documents and compliance with driving and resting period regulations

The inspections revealed that the foreign companies’ operations within Finland were significant in volume and that these operations were primarily conducted using very modern equipment. During the supervision exercise on 20 February 2020, a total of 11 passenger transports that were conducted using buses owned by foreign passenger transport companies were inspected.

Operational deficiencies were observed in nearly all of them. The deficiencies were related to such areas as the relevant documentation and compliance with driving and resting period regulations. The supervision exercise revealed the following deficiencies:

• Eight unauthorised transport operations, for which a penalty was imposed in accordance with the Act on the Imposition of a Fine and Summary Penal Fee (754/2010), and a deadline was set for rectifying deficiencies related to documents.
• Two transports were suspended due to a violation of the driving and resting period regulations and a penalty was imposed in accordance with Act 754/2010.
• One third-country national is suspected to lack the right to work.

The Finnish Tax Administration collected comparative data for tax supervision purposes. The purpose of this was to ensure that the companies that provide cabotage transport services have fulfilled their tax-related obligations, notifications and payments in Finland in the appropriate manner. The Finnish Tax Administration will also assess the possible tax obligations that the drivers may have in Finland.

No deficiencies were observed in the fuel control carried out by Finnish Customs.

Strong suspicions arose about the underpay of drivers employed by foreign transport companies. These suspicions, other minimum terms of employment and matters related to employers’ obligations are subject to further investigation. The supervision of the Act on the Contractor’s Obligations and Liability when Work is Contracted Out (1233/2006) was used to assess the service chains related to the inspected companies, and this supervision will also continue beyond this exercise.

“It is worrying that such a large proportion of companies operating in international passenger transport seek competitive edge from the wrong side of the law. It is important that we ensure that there is a unified set of prerequisites for the transport companies involved in the sector, as it is a vital and significant part of the transport services market, which is set to become increasingly international in the future. This way, we can be sure that these companies operate in a responsible way,” states Mikko Västilä, Chief Specialist at the Finnish Transport and Communications Agency.

Cabotage transport service supervision – a joint effort by multiple authorities

“Recently, there have been cases that have highlighted the need for assessing the volume of cabotage services provided by foreign transport companies in Finland as well as their compliance with regulations. A decision was made to assess these through comprehensive joint supervision exercises conducted by Finnish authorities. The objective of cabotage transport regulations is to harmonise the necessary prerequisites for operating in the transport sector and to ensure traffic safety,” Västilä says.

The supervision of the general requirements and documentation concerning cabotage transports was the responsibility of Traficom. This included such areas as traffic and transport permits, cabotage supervision documents, and the related conditions for granting the necessary approvals.

The police and Finnish Customs were responsible for the supervision of all transport service-related road control measures, such as drivers’ driving and rest periods, driving rights and professional qualifications.

Finnish Customs was also responsible for the inspection and supervision of documents concerning international transport activities and vehicles. In addition, Finnish Customs assessed the regulatory compliance of the fuels used by the vehicles that were stopped during the supervision exercise and supervised imported goods that are subject to bans or restrictions in Finland.

During the supervision exercise, the Regional State Administrative Agency supervised the use of foreign employees in Finland. Here, foreign employee refers to a person who is not a Finnish citizen. The purpose of occupational safety and health inspections is to supervise the activities of employers. This area of supervision focused on the employer’s compliance with the obligations prescribed in the Aliens Act (301/2004) or the Act on Posting Workers (447/2016), the minimum terms and conditions for employee relationships, and the regulations concerning working conditions. Key areas of supervision included the employees’ right to work, their minimum wages and other terms, how their working times have been arranged, and their accident insurance.

Passenger transport cabotage refers to the provision of commercial bus transport services within a country by a transport company whose domicile is not located in that country. In addition to international and EU regulations, cabotage transport is also subject to domestic regulations.

Enquiries

Finnish Transport and Communications Agency: Mikko Västilä, Chief Specialist, mikko.vastila@traficom.fi , tel. +358 29 534 5584

Finnish Customs: Jouni Väkevä, Senior Customs Officer, jouni.vakeva@tulli.fi , tel.  +358 40 332 5886

Regional State Administrative Agency for Northern Finland, area of responsibility concerning occupational safety and health: Niko Huru, Inspector, tel. +358 29 501 7700

Lapland Police Department: Jarkko Rytilahti, Police Sergeant, tel. +358 40 031 0534

Finnish Tax Administration: Tarja Valsi, Head of Compliance Control, tel. +358 29 512 4449