From day one, the road toll hit the wrong people: “They created the problem themselves.”

Lawyers and industry organizations are harshly criticizing the information requirements and the inflexibility of the system—and truck drivers are feeling the consequences

When the kilometer toll came into effect at the turn of the year, it was accompanied by grand statements about green transition and modern control technology.

Yet, according to both lawyers and industry organizations, many of the thousands of fines issued since then are a result of poor communication and inflexible rules – and not of truck drivers deliberately trying to cheat.

In recent weeks, Transportmagasinet has reported how even minor errors in the mileage tax boxes can result in fines of DKK 9,000. We have followed the truck drivers’ futile battle through an inflexible appeals system – and seen how critics question whether the fining practice complies with the principle of proportionality at all.

But according to several sources, the problems began long before the fines were issued: already in the way the authorities informed about the new scheme.

Information was difficult to find

For many truck drivers, the switch from vignettes to kilometer charges came as an unexpected surprise.

That is the assessment of lawyer Anders Stig Vestergaard, who has represented several foreign transport companies in court cases.

He points out that the transition from the old vignette system to the kilometer charge was handled far too casually.

But according to several sources, the problems began long before the fines: in the way the authorities communicated about the new system.

The information was difficult to find – especially for foreign truck drivers

For many truck drivers, the switch from vignettes to kilometer charges came as an unexpected surprise.

This is according to lawyer Anders Stig Vestergaard, who has represented several foreign transport companies in court cases.

“The information was not easy to find – especially for foreign truck drivers. If the authorities had sent a direct message to the companies they knew had vignette subscriptions, many fines could have been avoided,” he says.

According to Vestergaard, the result is, that some companies have been hit with fines in droves after discovering the system had changed far too late.

“I have seen cases where a company received 39 fines in a row before the truck driver realized the switch from the vignette to the new mileage tax had occurred. This is unnecessary bureaucracy, as companies are forced to appeal each fine individually rather than submitting one collective case. It is a waste of time and resources, that should be spent on operations, he explains.

Sund & Bælt rejects the criticism. According to Katrine Hauge Vej-Hansen, head of the road toll scheme, a great effort was made to inform both Danish and foreign truck drivers.

“We have prepared information material, collaborated with the Motor Vehicle Agency and the Road Safety Agency, held dialogue meetings with industry organizations, and communicated via our providers. We have made a real effort to reach users,” she says.

Hitting the law-abiding

The industry organization ITD confirms this picture.

Chief Legal Counsel Maria Feldberg emphasizes that most companies do everything they can to follow the rules—but even minor technical failures can be costly.

“We find that the mileage tax hits even the most law-abiding truck drivers. If a box loses its GPS signal or power for a short time, it can lead to a fine of DKK 9,000. It is completely unfair when we can document that a company pays correctly 99.6 percent of the time – and still ends up with fines totaling several hundred thousand kroner, she says.

The criticism is felt directly by the truck drivers who are receiving the fines.

At Autobude in Hedensted truck driver Brian Pedersen said earlier this week, that he received fines totaling DKK 50.000,00 in just three months, even though he felt he had done everything right.

“In February, we received the first fine, and we hadn’t noticed anything wrong. Nevertheless, the fines kept coming in – ten of them from the same checkpoint. We don’t think it’s our fault, but the system’s,” he told Transportmagasinet.

Morten Bach at Simested Vognmandsforretning had a similar experience back in March.

One day, he opened his e-Boks to find six fines at once – even though the trucks were stationary.

“It’s completely ridiculous. According to the fines, we were driving on a Sunday evening, but I could literally see the trucks parked outside. How can we trust the system when this can happen?” he said.

Trust at stake

According to lawyers, industry professionals, and truck drivers themselves, the consequence is the same: trust in the system is being eroded.

“Truck drivers are willing to pay their taxes, but they feel that the system is too harsh on even minor or technical errors. This creates an unnecessary rift between the authorities and the industry,” says Maria Feldberg from ITD.

Lawyer Anders Stig Vestergaard points out that the case may ultimately end up in the European Court of Justice.

Here, the principle of proportionality may come into play, forcing the Danish authorities to change their practices.

“This is not about avoiding taxes, but about legal certainty. The authorities themselves have created an unnecessary conflict through poor communication and inflexible administration,” he says.

Written by journalist Mark Bøje, Nordiske Medier