Second appeal victory
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• MaIpas-based Alan Yoxall's bid to operate an artic which was blocked by Crewe & Nantwich Borough Council on appeal, has succeeded at the second attempt.
Last July North Western Traffic Commissioner Martin Albu granted Yoxall's application to increase the authorisation on his licence from one vehicle to two vehicles and two trailers (CM 6-12 Aug 1992), The Transport Tribunal quashed that decision in January, saying there was no
evidence the operating centre was suitable for use by a 28tonne artic.
Yoxall's fresh application was opposed by Cheshire County Council, which maintained the entrance and exit was unsafe for an artic.
Gerald Chamberlain, managing director of Chamberlain Transport and a member of the RHAs Infrastructure Committee, told the Commissioner that a 38tonne artic or drawbar travelling over the brow of the hill from Wrexham would not have time to see and stop if an artic was drawing out of the access. LGVs would have a left-hand lock on as they came round the bend downhill, he said, and if they braked severely jackknifing could occur.
Albu has granted the application, subject to an undertaking that not more than one vehicle operated under the licence will exceed 7.5 tonnes gross, and with a condition that authorised vehicles may only be parked round the existing buildings.
The Commissioner said that there had apparently been no problems with the operation of the existing 7.5-tonne vehicle, He also noted that Yoxall had driven a farm tractor and trailer in and out without difficulty. He felt that Chamberlain had exaggerated the potential danger.
There could be little doubt that the access was not entirely satisfactory, said Albu, and that its use presented an element of danger to drivers approaching from the west. However, having regard to the limited use and the fact that the access existed and was in use by various vehicles, he considered that the road safety danger did not justify refusal.