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Objections rule LAs

10th January 1987
Page 24
Page 24, 10th January 1987 — Objections rule LAs
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Which of the following most accurately describes the problem?

Keywords : Tire

• A growth in the number of environmental objections to licence applications, concern about maintenance standards and warnings on speeding are highlighted in the latest combined report from the Licensing Authorities.

Six out of the nine LAs note an increase in the number of environmental representations in their reviews, which cover the period from April 1985 to March 1986.

According to South Wales LA Ronald Jackson, "Whilst the number of opposed applications was low in proportion to the overall number received, the environmental legislation continues to take up considerable staff time and effort as they endeavour to explain the extent of my powers to licence holders and objectors."

During 1985/86 there were 129,396 licenced heavy goods operators in England, Scotland and Wales, running 431,700 vehicles above 3.5 tonnes GVW. Of the 38,888 notifiable applications for operator licences received by the LAs, 2,629 (6.8%) were subject to environmental objections and representations, compared to 5.7% in the previous year. LAs revoked a total of 100 0licences during the latest period.

ENVIRONMENT

More disturbing, however, is that although the environmental rules have now been in operation for over two years (they were added to 0Licensing in June 1984) most of the public is still unaware as to how far they can go in their objections to LAs. Jackson says: "There have been many enquiries from people who expect me to be able to ban all lorries from the vicinity of their property. The realisation of the limitation of my powers creates for them disappointment and frustration."

In his other role as West Midland LA, Jackson also reports that with the number of applications which have attracted environmental objections having doubled, delays in processing applications are inevitable.

Scottish LA Hugh McNamara claims the public -Still seems to have little understanding of the statutory limitations on the grounds on which they may make worth-while representations".

"A considerable amount of staff time is used in dealing with representators," says McNamara, although he considers it time "well spent", as many such cases are subsequently resolved without the need for a public inquiry.

By far the most revealing comments on the effect of environmental rules, however, come from the now-retired Eastern LA Ken Peter, who reports that the sharp increase in the number of licences granted with conditions reflects the effects of environmental Out of the 255 objections made to Peter by local authorities during 1985/86, all except one were on environmental grounds. "Members of the public," says Peter, "even those who have come into contact with more than one application which affects them . . . seemingly have not, cannot and probably will not fully understand the complexities of the legislation. They ask for licences to be refused when the law does not permit this and for the imposition of conditions which are outside my jurisdiction.

According to Peter, "Hopes are raised then all too frequently dashed. The onus of proof is on representors, but all too often they feel the die is loaded in favour of the operator."

In his report South-Eastern LA Randall Thornton (now retired) says: "It is necessary to continue explaining to parish councils, residents associations and environmental bodies that they have no right as such to make representations against the grant of licences."

MAINTENANCE

Maintenance standards were spotlighted by no less than six of the LAs, including Metropolitan Licensing Authority Ronald Ashford. He was not "in general impressed with the standard of maintenance achieved by operators" in his area. "Annual and spot checks still indicate that there are too many unroadworthy vehicles. There is no case for relaxing the drive for higher standards."

Ashford's comments are echoed by both the Scottish and South-Eastern LAs with former SE LA Randall Thorton making particular reference to vehicles operating on international work.

During 1985/86 1,205 vechicles were checked on entry into the UK, of which 199 were British-registered and 1,006 operated by foreign hauliers. Immediate prohibitions (GV9s) were issued to 22 UK vehicles (11%) and 116 foreign trucks (11%). "The figures would suggest either that vehicles operating on international journeys are less well maintained, or that traditional roadside check sites are being by-passed by the worst vehicles."

Light commercial maintenance also came under fire from Western LA John Carpenter, who reports that the percentage of prohibitions issued to light goods vehicles (20 immediate and 36 delayed out of 225 vehicles checked) "is disappointingly high, being nearly two and a half times greater than for HGVs." During 1985/86 DTp vehicle examiners carried out 109,000 vehicle checks — up 31% on the previous year — with delayed or immediate GV9s being issued to some 14,000 vehicles (13%) of all those inspected.

Excessive speeding was also criticised by both the Western LA and North-Eastern LA Frederic Whalley who is "considering ways in which I can bring home to operators the danger of this practice."

Western LA John Carpenter has also instructed his enforcement staff to check tachographs for signs of speeding.

59,000 vehicles were checkweighed by traffic examiners during 1985/86, of which 8,448 (4.5%) were found to have either gross or axle overloads.

In the North-West Traffic Area there was no significant change in the percentage overloaded, with 44% of the 626 prohibited vehicles overloaded on one axle only. According to LA Roy Hutchings, if operators take more care with load distribution, there would be a "significant" reduction in the number of prohibitions.

By far the worst culprits, however, were foreign vehicles. Out of the 1,223 trucks check-weighed in the Western area, 533 were found to be overloaded.


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