Government legislation ministry says trucking firms need not report unlicensed drivers

The Ministry of Legislation said Friday that trucking transport companies are not required to report employment status changes for drivers who lack proper qualifications.

Under the Cargo Transport Service Act, operators who allow unqualified individuals to haul freight face license cancellations, business suspensions of up to six months, or vehicle reduction measures. A private citizen had asked whether these same companies must also comply with rules requiring them to report hiring and firing details or display qualification certificates inside vehicles for those specific unlicensed drivers.

The ministry concluded that such reporting and display obligations apply only to drivers legally eligible to work in the industry. Since unqualified workers cannot obtain the necessary certificates, transport businesses have no duty to report their employment history or post non-existent credentials.

The decision rests on the principle that administrative regulations imposing penalties must be interpreted strictly. Expanding the definition of "driver" in enforcement rules to include those without legal standing would constitute an unreasonable extension of liability without explicit statutory basis, the ministry noted. Furthermore, applying separate penalties for failing to report or display credentials for unlicensed workers would result in double sanctions for a single violation, as the act of hiring them is already punishable under the primary statute.

The qualification system was originally introduced to ensure driver professionalism, improve transport services, and promote safe operations within the freight industry. While some might argue that stricter oversight serves the public interest, the ministry maintained that the existing framework provides sufficient deterrents against employing unqualified personnel.

This interpretation, issued on July 24 regarding inquiry number 26-0499, serves as a unified guideline for executive branch enforcement but does not carry the same binding legal force as a final court judgment.