The Greenlandic High Court has made a ruling in favour of Nuna Law Firm in a case for Hudson Greenland A/S and upheld that the company may use non-registered vehicles in the mine area for the anothorsite project in Kangerlussuaq Fiord.
The Greenlandic Tax Authority had made an on-site inspection at the mine and noted that the vehicles used in the mine area were non-registered. Subsequently, the prosecution brought a charge against Hudson Greenland A/S for violation of the road traffic act due to use of non-registered vehicles.
By the judgment, the Greenlandic High Court has upheld that it cannot merely be concluded that the road traffic act applies in any area with traffic. A specific assessment must be made on a case-by-case basis with due regard to the circumstances at the relevant area, including the activity and nature of the traffic.
In the Hudson-case, the Greenland High Court emphasized that the mine has a remote location without connection to the ordinary road system, that only employees pass over the area, and that the vehicles were used for work-related driving only. On this basis, the area was not deemed as used for ordinary traffic, and consequently, it is not required to register the vehicles used in the mine area, nor to insure against third-party risks therefore, as the Greenlandic road traffic act is not applicable to the area.
The judgment is important for mine areas in Greenland. The Greenlandic High Court has fully ruled in favour of Nuna Law in this case and the reasoning was in accordance with Nuna Law’s production in court.