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Take nothing for granted

15th December 1994
Page 37
Page 37, 15th December 1994 — Take nothing for granted
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Which of the following most accurately describes the problem?

An operator might well ask: 'What can possibly go wrong if I change my operating centre or I wish to increase my fleet or add a new operating centre? All I do is complete the form, sign it and send it off and it will be rubber stamped eventually by the traffic staff." Not so. You could be opening the proverbial can of worms.

IF you change your operating centre there is a risk of objections From neighbours and the local authority. They may not want an operator there. If you get the right lawyer when you acquire the operating centre you will have some idea of what problems there could be. Having got that advice you will know the risks if youcomplete the application form. If there are objections to a new or existing licence a public inquiry follows and the whole of the operator's licence is reviewed, including maintenance procedures, convictions, GV9s and finance.

grounds—or conditions could be imposed. With a renewal, if there has been no material change in his operation, the operator has some protection. Environmental conditions could be imposed but the LA would give special consideration to the effect on the operator's business.

The operator must not forget that any application to vary his licence could result in a fleet inspection. A check will be made of the maintenance standard of vehicles, the records, test pass rates, roadside checks and GV9s. If the operator is not 100% on the ball, disciplinary action could be instigated as a result of that application. Problems can arise when an operator changes his 'legal entity'—such as From a sole trader to a limited company. The operator makes the application and is told to surrender his old licence. He duly surrenders but the application for a new licence is delayed. He has no option but to continue to operate and as a result he is prosecuted for operating without a licence. He will then be called to a Public Inquiry to see if he should be granted a new licence in the limited company name because of convictions for operating without a licence!

The moral is, take advice From a lawyer specialising in transport law before taking any action which involves a change in your 0licence.

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