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LEGISLATION

13th December 1986
Page 24
Page 24, 13th December 1986 — LEGISLATION
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Which of the following most accurately describes the problem?

PERMIT ALLOCATION • Hauliers are being invited to submit new applications for multi-lateral permits by the Department of Transport. The invitation has been issued because the EEC is now increasing the Community Quota of multilateral permits by a greater number than first anticipated (CM Nov 8).

New bids with a lower qualifying threshold are invited from hauliers who are prepared to surrender part of their 1987 bilateral permit allocation in return for an EEC permit.

EEC multilateral permits will be offered to applicants who bid for a minimum of 30 West German or Italian or Spanish bilateral permits. Any combination of permits from these countries amounting in total to at least 30 will also be considered.

French permits will not be accepted in exchange for multilateral perrnits.

The extra permits will generally go to those operators who offer the greatest number of bilateral permits, although existing users of bilateral and multilateral allocations will also be considered.

TRIBUNAL APPEALS • The government has bowed to criticism from the Council on Tribunals, which oversees specialist tribunals, and agreed to a change in the rules for Transport Tribunal appeals.

Until recently, any member of the public who successfully brought an action against an operator had no formal right to be notified when an appeal was lodged by the defeated applicant, or to take part in that appeal.

Under the new rules those rights will be granted.

The council on Tribunals also criticised the fact that there is no right of appeal at Transport Tribunals for members of the public objecting to an operator's licence.

Both the RHA and the FTA have opposed the introduction of this right, fearing it would lead to longer and costlier legal arguments.

The Department of Transport will consider introducing this right as part of its review of the Transport Tribunal, but the indications are that it will decide against such a radical change. The results of the Transport Tribunal review were expected before the end of this year, but two cases being heard this week may affect the findings of the review and will clarify the law on two basic points.

One of the court cases, involving an operating centre with only one access road, might define the term: "affected land in the vicinity". The other deals with the type of activity at an operating centre (maintenance, repair loading and so forth) which the LA may take into account in reaching a decision.

The Department of Transport has published a 12-page booklet entitled. Goods Vehicle Operator Licensing, A Guide to Making Representations. It is available from Her Majesty's Stationery Offices.


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