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It's a hold-up
Page 40
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[have put in an application for a site where five others have also applied. There is an existing operator who has been there 30 years, and one of the biggest operators in the North has a base here.
My application has been held up because others are not filling in their applications correctly. What can I do about it? Can I get an interim licence as I am transporting mussels —a seasonal product —for a Dutch client?
Peter Rowbotham Clayburn International Transport Buxton, Derbys
Initially you should speak to the other operators that are using the site to establish exactly what the issue is with regard to their applications; 0-licences. It may be possible to work together to resolve any common issues that could be delaying the processing of the 0-licences.
In relation to your application, you should contact the Traffic Area Office that is dealing with your application. Request an interim 0-licence and explain the specific reasons why you require one (ie the time-critical nature of the product).
On receipt of a written interim 0-licence request, the Traffic Commissioner will decide whetherto grant one. The decision will he based on a number of criteria such as standing of the company and its directors, financial stability, and any objections by residents.
The applications by other operators on the site should not have a bearing on your application unless there are a number of issues that are common to all parties at the site (eg complaints/objections by local residents or a local authority).
Hedging the issue
A council-owned hedge near our depot is protruding out into the road by about 2ft 6in; as a result it is causing damage to our vehicles and danger to road users.
Despite several phone calls and letters to the council highways department, nothing has been done. Can I take out a summons through the courts to get this problem rectified?
Joe WellIngs by e-mail
Are you trying to claim for damage to your vehicles, or do you simply wish to ensure the hedge is trimmed? Either way, it is essential that a formal complaint is lodged with the risk-management/insurance department of the council to establish what can be done.
In taking this course of action it would be useful if evidence of damage to the vehicles was provided. This would assist with any future claim for compensation.
The council will inspect the hedge to see what needs to be done.
It is possible that it is not the council's policy to trim the hedge if it does not protrude to a certain extent into the roadway. However, the council's duty to ensure that the highway is not obstructed cannot be reduced by the council (please note that there could be no duty upon the council to trim a hedge that protrudes 2tt 6in).
To clarify what is required by the council, look at the council's guidelines. These can be obtained either from the council's offices or its website. A formal complaint must be raised before any court action is considered, saving both time and money for all parties.
Licensed delivery
As a truck dealer. do I require an 0-licence to move vehicles when they are not being used to transport a load, such as when they are being taken to test, delivered to customers' premises or collected from auction?
Charles Burke IRS, South Wales
There is a basic requirement to have an 0-licence for vehicles above 3.5 tonnes GVW that are operated and used to carry goods on a public road in connection with a trade or business. This includes short-term rental vehicles hired for as little as one day.
There are a number of vehicles that are exempt Irom requiring an 0-licence. These include:
• Goods vehicles over 3.5 tonnes GVW operating between neighbouring private premises and travelling fewer than six miles a week on public roads.
• Vehicles with trade plates.
• A vehicle going to or coming from a test station and carrying a load which is required only for the purposes of the test and has been carried out at the request of the Secretary of State.
The most relevant issue is whether the vehicles carry goods for commercial purposes. It appears that they do not. If this is the case. then an 0licence would not be required.
However, you should contact your local Traffic Area Office to obtain a letter from the Traffic Commissioner stating that in this instance an 0-licence is not required. This will avoid any possible problems in the future.