Government legislation ministry says trucking firms face no extra penalties for unlicensed drivers

The government legislation ministry said Friday that trucking companies allowing unlicensed drivers to haul cargo are not automatically in violation of separate reporting and display rules under current regulations. Existing penalties for hiring unqualified personnel suffice without layering additional administrative sanctions for related procedural oversights.

In a formal interpretation issued July 24, the ministry determined that obligations to report employment changes or require credential displays apply only to legally qualified drivers. No separate violation occurs when these steps are skipped for unlicensed workers.

The ruling addresses potential double jeopardy under the Cargo Automobile Transport Business Act and its enforcement rules. While the law permits license revocation for letting unqualified persons drive, it also lists reporting employment status and displaying credentials as mandatory compliance items. Extending these duties to unlicensed drivers would create redundant punishment grounds for the same underlying act.

Administrative laws imposing disadvantages must be interpreted strictly without expansive analogies harming the regulated party, the ministry said. Treating the same conduct as a distinct breach of reporting or display rules would contradict the legislative framework designed to avoid duplicate penalties.

Transport operators found using unqualified drivers remain subject to license cancellation, business suspension up to six months, or vehicle reduction orders. They will not face compounded charges for failing to file employment reports or post non-existent qualification certificates inside vehicles.