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Make IC rulings more consistent

19th May 2005, Page 24
19th May 2005
Page 24
Page 24, 19th May 2005 — Make IC rulings more consistent
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Which of the following most accurately describes the problem?

Keywords : Sleep, Woodall, Beverley

YOUR ARTICLE regarding the operating centre for Woodall Transport at Station Road, Coleshill (CM5 May, Legal) highlights the inconsistency of decisions reached by different Traffic Commissioners.

In this case West Midlands Deputy TC Lester Maddrell ruled against the campaigning residents and allowed the company to continue operating from its depot without any restrictions, as it had done for 24 years.

This is a completely different outcome to the public inquiry and subsequent review when our company. Hall's Vehicle Service, had our operating centre removed by the North Western TC Beverley Bell (CM 14 October 2004). I know that no two cases can be exactly the same, but after speaking to Richard Woodall,I was amazed at the similarities between our two companies' circumstances In our case the main complaint was that our trucks -thundered" up and down the road all day long and sometimes returned to the depot at 2.30am.

We do not operate our trucks for the annoyance of our neighbours; they frequently left on Monday morning and returned on Friday, and have never returned in the middle of the night.

The reason for the different decisions reached by each of the two TCs is highlighted by their differing interpretations of a resident's right to sleep.

Beverley Bell states: -There must be a careful balancing of the right of the operator to go about his lawful business and earn a living, against the right of the residents to enjoy an uninter rupted night's sleep.... The right to sleep and rest is important and a basic human right."

In your article it mentions Woodall 's Transport situation: "If matters continued as before residents would continue to lose sleep. [The DTC] did not underestimate the disruption caused by interrupted sleep, but in trying to balance the conflicting requirements of the company and residents, he had concluded that it would be unreasonable to require the company to suffer the effects of an hour's restriction".

So good news for the Woodall's, but tough luck for HVS. Even though you restricted your hours of operation, you have to go.

John and Jenny Hall Halls Vehicle Service Merseyside