Coach operators and trade bodies have expressed concern that the forthcoming EU Schengen area Entry/Exit System (EES) will tighten enforcement of the 90-days-in-180 restriction rule, leading to difficulty finding sufficient eligible tour drivers and guides.
Since Brexit was completed in 2020, UK residents have been restricted to 90 days’ stay in any 180 days in Schengen countries.
However, enforcement of that rule is expected to tighten considerably under EES, a digital border management system which is set to be introduced at the end of this year.
We would fully support an exemption for professional drivers from adhering to the 90/180-day rule – Chris Plummer, Leger Shearings Group
Operators have urged the UK government to work with the EU to find a solution, while both RHA and the Confederation of Passenger Transport (CPT) have called for an exemption to the 90/180-day rule for professional drivers.
Businesses touring in Europe gained a temporary reprieve when the European Commission delayed the launch of EES in November 2024 due to a lack of readiness among some states.
However, the Commission confirmed last month that the system is still on course for an October start, albeit it will be phased in progressively over six months.
Doug Bannister, Chief Executive of the Port of Dover, has been quoted as saying he understands it will not be introduced at channel ports until November.
Leger Shearings wants EU 90/180-day rule exemption
Chris Plummer, Chief Product Officer for Leger Shearings Group, says: “We would fully support an exemption for professional drivers from adhering to the 90/18-day rule as we believe they are an unintended consequence of the legislation.
“Our tours and drivers take UK holidaymakers to EU holiday destinations. We work with many European partners such as ferry companies, hotels, service providers and venues and have done for over 40 years.
“We have a positive impact on local economies within the EU, taking allocations in hotels and booking venues, boat trips and train rides.
“Our customers spend money in cities and towns across Europe, all facilitated by our highly experienced driving crews.
“We are in discussion with various trade bodies, including RHA, which I understand has been liaising with government on this issue since February 2021 and has held a series of meetings with the Department for Transport (DfT) to highlight the concerns of its members on the potential impact should drivers be refused access to Europe.
“We see it as critical that an agreement is sought with the EU that allows freedom of movement for coach operators and those engaged in freight and logistics movements.”
Operators’ concern
Robert Shaw, Chair of the Coach Tourism Association and Managing Director of coach operator Harry Shaw, which operates many trips into EU countries, agrees that an exemption for professional drivers would be one solution to an issue that is set to impact the industry.
“We have been conscious of it for a while and it is a concern,” he says. “A solution will be to find drivers based in Europe who can undertake the tours.
“It’s a restriction on [staff] being able to perform their jobs and it’s a restriction on trade. I don’t think anyone set these rules up with that intention.
“There must be a solution somewhere if people can work together.”
Dave Parry, Managing Director of Parrys International Tours, says: “I would think that a professional European coach driver is a special case, and that government should be arranging dispensation.”
Another tour operator, which wished to remain anonymous, told routeone it believed the introduction of EES could be significant and make some businesses consider scaling back their European operations.
Trade bodies active
Ashton Cull, RHA Senior Public Affairs Lead, says: “Our official advice is always not to break the law, but the reality of it is that, for certain operators, it can be very difficult and there simply aren’t enough drivers out there who want to do the work, let alone are experienced enough to do it.
The fact that it’s now set to come in in October means we now have six months for the government to realise that this is an issue that needs addressing – Ashton Cull, RHA
“There are a number of operators that are having to schedule drivers more than the law technically allows and are taking advantage of a lack of enforcement.
“The fact that EES is now set to come in in October means we now have six months for the government to realise that this is an issue that needs addressing.”
He adds that RHA is making “strong representations” to government on the matter, including working closely with other stakeholders with similar causes. One of those is UK Music, for example, which notes the potential impact on touring musicians and crews.
CPT Coaching Manager Phil Smith says the Confederation has been in “semi-formal discussions” with DfT on the subject.
“We’ve flagged that this could become a problem when EES starts,” he says, adding that CPT has proposed exemptions for professional drivers who are staying in the EU for a short period of time for work.
