HAULIERS across the region have welcomed a court ruling which declared the Government's policy of fining drivers £2,000 for illegal stowaways "legislative overkill" and unlawful.

The policy, introduced two years ago under the Immigration and Asylum Act, relates to illegal immigrants found hidden on vehicles arriving in the country.

Several North-East and North Yorkshire hauliers have fallen foul under the system and have been heavily fined.

They have argued that it is unfair to have ultimate responsibility for stowaways if they have made all the appropriate security checks.

Mr Justice Sullivan ruled in the High Court in London that the policy was not compatible with the right to a fair trial under Article Six of the European Convention on Human Rights.

He said that, while not intended to operate as a restriction on the free movement of goods within the EC, the penalty regime had such an effect and was not justified on public policy grounds.

A total of 50 lorry drivers and hauliers had brought the High Court claim - among them Peter Cook Transport, of Durham, which carries loads between the UK and Eastern Europe.

Company boss Peter Cook was last night unavailable for comment, but privately staff are said to be delighted.

Fellow haulier Tony Davison, of Tow Law, County Durham, was fined £14,000 last year after Customs and Excise officers found seven illegal immigrants in his truck. He hopes the ruling could well prevent him going out of business.

"I am absolutely ecstatic," he said.

"The policy introduced in the first place was a knee-jerk ruling with no one sitting down and working things out."

A North-East spokeswoman for the Road Haulage Association said: "We are delighted and are waiting to see how the ruling will be interpreted."

But it is understood that the ruling will not be retrospective and past fines will still stand.