LBTC ban back in court
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• Road transport associations and the London Boroughs Transport Committee returned to the High Court this week to fight over whether air brake silencers should be mandatory on all trucks using London at night.
The um is appealing against last November's High Court decision, when it was told it was "trespassing on the powers of central Government" by imposing construction conditions on vehicles. The two-day hearing closed as Commercial Motor went to press.
Don McIntyre of the Freight Transport Association insists that the LBTC does not have the power to impose construction regulations: "It is the function of the Secretary of State for Transport. If a local authority could introduce its own local construction requirements for vehicles, pretty soon we would have a chaotic situation. Each authority could introduce its own pet projects."
The truck manufacturers could also be affected, he says, because if the court finds in favour of the LBTC, they might have to build vehicles to meet local requirements. Tim Inman of the Road Haulage Association says: "It is the thin end of the wedge. If local authorities are allowed to insist on fitting air brake silencers, where will it end? They might start writing their own rules and ask for engine hush kits and other modifications."
The LBTC, which represents 22 out of 33 London Boroughs, says silencers are an environmental necessity for London. Older vehicles not suitable for silencers will be omitted from the scheme. But as old vehicles are replaced, the scheme could cover all models.
The three judges have now retired to consider the case.