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StOrY! Aspects of the Mid-Southern Tipping Group decision.
ATHOUGH Mr. A. C. Shepherd, South Eastern deputy Licensing Authority has dismissed the portmanteau bids of members of the Mid-Southern Tipping Group Ltd., in a decision which, I judge, will prove historic, it is a paradox that his verdict has settled nothing. It has, of course, put paid to Mid-Southern's hopes, but it has not made any constructive contribution towards the solution of the thorny tipping problem—the provision of adequate numbers of properly maintained vehicles on large-scale public works projects.
Whilst the decision was being written, Blicence applications were being lodged in the East Midland area by nearly 40 operators, all clamouring to carry "tippable materials", or in some case "solid fuels", for A. Fletcher and Co. Ltd. If my calculations are correct, something like 100 vehicles are involved, many of them large ones.
One would expect the East Midland bids to excite some opposition if the radius involved were restricted to a mere 50 miles; with England and Wales as the stamping ground, objections and representations from all sides are a virtual certainty.
I have no information as to the aspirations of A. Fletcher and Co. Ltd., but it would appear possible for them to "direct" movements of tippable materials (which cover a multitude of products) in any direction. If so, it would be fairer to all concerned if copies of the applications were published in all the relevant "As and Ds", before Mr. Sheridan presides over what should prove an entertaining and, I dare say, protracted battle.
Away from base—the problems
It was abundantly clear during the MidSouthern inquiry that many members of "the club" had joined in a spirit of enthusiasm in ignorance of some of the likely consequences. Many established national operators, with large fleets and nation-wide branches, think twice before they send a vehicle and driver 150 miles away from its base to operate for an indefinite period. Yet this was one of the things they could be expected to do if there was any substance to Mid-Southern's claim to be capable of marshalling a substantial fleet of tippers to work on large-scale construction projects.
A number of the objectors at Hove quite rightly stressed the difficulty of maintaining tipping vehicles at remote sites far from base. How many of the applicant firms gave thought to this aspect?
Bad weather, or ground conditions, can disrupt operations on any large project. How many small operators could possibly afford the risk of even a single vehicle being immobilized, perhaps for several weeks, far away from base? Could it be that the prospects held out by the Mid-Southern organizers were attractive enough to blunt the critical faculties of some of the members?
To make any sense at all, the operators (and their drivers) must have had good reason to believe that these somewhat dubious activities would, somehow, prove more than averagely profitable. Perhaps intensive operations at the modest rates prevailing in tipping work would pay off with single manning; perhaps double manning was contemplated! Whatever the plan, its realization, at the extreme radius envisaged, has been frustrated by Mr. Shepherd's decision, and many will feel he has saved some of those concerned from themselves.
Inviting the objectors to join This said, it is only fair to say that I was impressed with Mr. Richard Yorke's final speech on behalf of the Mid-Southern applicants. He amplified points made in the letter circulated by the chairman of the MidSouthern Group (and an individual applicant) which was circulated to the individual objectors before the inquiry. Mr. Shepherd quotes this letter in extenso, and as it is so germane to the case I reproduce it here:
"I trust that, when I have explained the purpose of the applications, you will feel able to withdraw your objections.
"The applications seek to vary the conditions attached to all the licences so that the vehicles can carry excavated and roadmaking materials for and on behalf of the Mid-Southern Tipping Group Ltd., within 150 miles. (There is also a variation in respect of ICI salt for snow clearance. I apprehend that your objection is not directed to this, but if it is I should be grateful if you would let me know). There is no application to add vehicles or increase carrying capacity.
"As you know, conditions in the industry in the provision of facilities for tipper traffic on large construction works such as motor ways and bypasses are appalling. The difficulty experienced by contractors in getting tippers in sufficient numbers has led, on the one hand, to considerable illegal operation, and the granting of short-term licences to newcomers, and, on the other hand, to the record number of financial failures in the industry (see, for example, the Geddes Report 3.36).
"It is to overcome these difficulties, and provide a proper service to contractors, that the Mid-Southern Tipping Group was formed.
"The Group will tender for large tipper contracts beyond the capacity of the individual members and then arrange the daily operations. In this way the contractor does not have to deal with a multiplicity of operators, is assured of regular services, and knows that he will not be involved in proceedings over illegal operations. The member-operators are given the opportunity to work on contracts which they might otherwise not get at all, or get only on a casual basis. Further, by internal co-operation, higher loading factors can be achieved without loss of independence.
Past experience "You will appreciate that the Group will result in an organizational change, more efficient utilization of existing vehicles, and a substantially improved service to contractors. The Group is open to all tipper operators in its area who are willing to meet its standards. The Group has already the support of many of the major contractors in the area, who have had bitter experience of past chaos. The Group's successful handling of the Havant Bypass contract has already proved that its method of working is the answer to contractors' problems.
"In the circumstances, you may feel able to withdraw your objections to the applications and to consider applying yourselves for membership of the Group. In the latter event you will be invited, should your existing conditions or normal user not correspond with the area of the Group's activities, to apply for the appropriate variations.
"If there is any further information or assistance I can give, please do not hesitate to ask".
There are many interesting discussion points in this shrewdly worded letter. One notable aspect is the open invitation to the objectors, repeated during the inquiry, to "join the club". Bearing in mind that the "veritable avalanche of objectors", over 60 in all, included such large groups as Ameys
Ltd. who. I believe, themselves operate around 1.000 vehicles, one may hazard the guess that Mid-Southern might have been a little out of their depth had all the objectors responded favourably! What the Licensing Authority would have done had this happened is also a matter for diverting speculation.
Mr. Shepherd concedes that arising from the satisfactory work that the Group (or a small number of its members) undertook on the Havant Bypass project the "simple fact emerges". . "that, acting in consort, that which would otherwise be quite impossible becomes perfectly feasible."
As regards the reference to frequent bankruptcies.. Mr. Shepherd delved deeper into Geddes and, indeed, into the reasons for bankruptcies, and was "quite unable to align the possibilities envisaged by the present applications with the question or bankrupt hauliers."
Vast implications The implications of the applications were dissected by Mr. Shepherd with devastating candour and thoroughness. The precedent established by a grant could be copied "throughout the length and breadth of the country, if upheld, thus enabling thousands of vehicles to move without let or hindrance, over long distances from their base". The salt movements envisaged would cover 58 out of the entire 62 English and Welsh counties, all the Greater London boroughs, 83 County Boroughs, roughly 300 non-County Boroughs, 550 Urban Districts and 460 Rural Districts. As there were thousands of highway depots where salt would be dumped it "can only be concluded that the applicants, collectively and individually. .. have not the remotest idea of the extent of what is involved".
We may sympathize with Mr. Shepherd's reluctance to follow Mr. Yorke's suggestion that he should act as a "pioneer" in making a radical but necessary grant. Alas, no statutory authority could be discerned. "There is under the existing law no scope for the 'pioneer',said Mr. Shepherd. And so he very properly refused to anticipate in marked degree a main recommendation of the Geddes Report, "diametrically opposed to the (existing) law".
I hope this important decision will spark off a serious discussion among those most closely concerned, tipper operators and their official (and unofficial) associations, civil engineering and contracting organizations, and not excluding affected ministries.
Radical measures to speed up large-scale projects, and road building, are called for. The licensing system, with its customary inflexible approach, does not assist. The rismd haulage industry and particularly its tipping specialists, should now consider the next step.
Somehow. I doubt if the East Midland bids mentioned earlier will take us much nearer to an agreed solution.