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The Bill moves on
Page 51
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• The House of Commons will soon be finished for the time being with the Transport Bill, which will then pass to the House of Lords. During the Committee stage of the Bill in the Lower House a vast number of amendments were agreed to, the more important of which I dealt with in Number eight of this series (CM, May 10). The amended Bill has now been printed and is in circulation (Bill 145, HMSO, price 21/-). It is this amended Bill which is now in the report stage and will be presented for third reading before it goes to the Lords at Whitsun.
One important difference between the Commons Committee and Upper House is that where the Lords put down an amendment it must be called and subsequently discussed, whereas at the Committee stage it need not be called—and frequently wasn't. It can be anticipated that much of what was not discussed because of guillotine measures below will be aired in the more leisurely atmosphere of the Lords. During their Lordships' deliberations CM will keep readers advised of the more important amendments, which are proposed before the Bill is returned to the Commons.
One section which was amended in Committee was that dealing with the variation of an operator's licence. I think it is important to state once again that this is the first essential—a licence to operate. This has been more generally called a quality licence and I fear it has lost much of its true identity. The variation of an operator's licence is dealt with in section 64, which I have not examined in this series before.
An operator's licence may be varied by the Licensing Authority under five general heads. These are all factors which were conveyed to him at the original application or conditions imposed by him when making a grant. Licences will be issued in the light of information supplied and any change in that information during the currency of the licence will require to be conveyed to the LA. This will not of itself constitute an application for a variation but will put the LA in touch with the position of the operator when an application is made.
The first type of variation listed in section 64 is to the number of vehicles authorized in the licence. Where it is intended to add to the authorized fleet strength, an application for a variation is necessary. This applies to trailers in the same way as it does to vehicles or tractive units. It does not apply to the physical addition of vehicles which are already authorized, to be acquired.
It is worth noting that if all the authorized vehicles have been acquired, a licence can be varied by the addition of vehicles to be acquired for which, of course, it is necessary to make an application for a variation.
The second, an unlikely type of variation, is for the reduction of the total number of authorized vehicles. Few operators are likely to surrender voluntarily licences during their effective life. Nevertheless the machinery for such an eventuality has been made available.
Since July 1967 when the licensing proposals were first made known, there has been a growing tendency towards the belief that the distinction between own-account and professional haulage would disappear. The Bill provides that the LA may condition a licence in such a way that the applicant may engage in either one or both of these activities. There is therefore provision in clause 64 to vary this condition in so far as it allows the licence to be varied to remove such limitation of use and also to impose limitation.
The importance of the transportmanager's licence (TML) proposed in the Bill cannot be over emphasized and this also is open to variation. Whatever alteration or additions an operator wishes to make, he must do so by the variation procedure.
The original application will furnish the LA with full details of the organization, and management of the operator's business. Any alteration to this detail must be made through the variation machinery.
The original section 64 has been amended by the alteration of half of sub-section 4 and the deletion of sub-section 5. Whereas this section previously dealt generally with the type of variation which need not be
published, the re-written section is specific. Now applications for all types of variations will be published except in three cases.
The exemptions are similar to those covering the publication of new applications.
Where an increase by variation will not result in an increase which is substantial having regard to the existing number of vehicles, the application will not be published.
Nor will an application to vary by reducing the vehicle strength or reducing the carrying
capacity be published. The exemption also applies to those applications which are considered by the LA to be trivial.
It is important to note that the Bill is categorical in its wording and intent. The Bill says: "Except in the following cases"— thus exempting the types of applications I have dealt with. For other variations the LA does not have any discretionary power concerning publication.
However, in the exempted cases he must decide what constitutes a substantial increase and what is trivial before he decides not to publish. The fact that variations are being published means of course that they are open to objection in the same way as a new application and by the same type of ob
64,—t1) On the application of the holder of an operator licence, the licensing authority by whom the licence was granted may crony time wink it is in foto., vary the licence by directing-
40 int that additional vehicles be specified therein, that the vUtxiitttmniimiter of trailers or of motor vehicits specified therein under paragraph (b) or (cl of section 57115 of this Act be intiresed, or, if rhe licence (LICS eat permi( the addition of .,rorhorisid vehicles under the satd paragraph 1.6, that it shall so permit and that a lila)! mtun be specified under that paragraph accordingly; or
lb) that vehicles specified therein be removed therefrom or that any such rtiasimum as is mentioned in paragraph to if inis mlbseeticet tic reduced or (Cl that a limitation attached to the Ikence under paragraph let of section 6007 of this Act be removed or that the licence be limited as mentioned in that para. graph ; or
hi) that an alteration or addition be made in or roan) of the matters specified in the licence for the purposes of section 6t of this Act ;or let that an alteration be made in any condition attaehed to the licence under section 62 of thin Act or that any such condition be removed.
(21 A person applying for a direction under this section shall give la the licensing authority such information as he may reasonably require for the discharge of his ilutiss in relation to the application.
(31 Any information or particulars to be given to a licensing authority tinder subsection 12) of this section shall be given its such form as the authority may require.
4) Except in the fanning cases, that is to say-- (c1 where the applicattor, is for a direction under subset:lion btu) of this section and the licensing authority ia satisfied that, if the application were an upplieation under section 59 of this Act, no notice of ft would be required to be published by virtue of subsection (2) of
that section or chi where the application is for a directiOn under subsection MO) of this section; or vi) where the licensing authority is satisfied thitt the applica• !ion is of so trivial a nature that it is nor necessary that an opportunity should be given for objecting to in, the licensing authority shall publish notice of any application tinder this section in the mannet provichtd for the publication
of notices under subsection Ill of the said section atid where notice of the application is published in pursuance of this subsection the other provisions of the said section 59 and the provisions of section CO of this Act shall, so far as applicable and subject to any necessary intaiitications, apply to that a cation as they apply to an application for the grant of an operator's licence of which notice is published under subsection tit of the said section 59.