Focus OPINION
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Understanding is strength
This month's Focus features concentrate on environmental and safety requirements, both of which make a lot of sense but put a heavy burden on the poor old operator. Six years ago when the floodgates were opened to local residents to voice their opinions and objections to hauliers' operating centres, the advantage seemed to be with the operators. Gradually and somewhat subtly the boot now appears to be on the other foot. An unwelcome trend for the haulier is that some decisions, particularly from the Transport Tribunal, have veered towards favouring the "neighbours'' and some startling decisions have been made.
Another trend is for a wider interpretation of local residents (those who have a right to object) and the use of those people or bodies who have no locus standi (the right to present a case) Those in and out of the law business have been watching these trends carefully and are not too happy about what they see.
One of the reasons for their gloom is hauliers' lack of knowledge on these subjects. Yes, they can employ lawyers and transport experts to help them, but they are not around all the time and they cost precious money. However, there is support from some legal people for the "hands on" approach of the present licensing system where at least the Licensing Authorities know their subject and importantly know the pitfalls and the difficulties. If some of the recommendations of the "Palmer Report" were implemented the industry could fall victim to being "tried" by those unqualified in transport and a deterioration in enforcement could be a danger.
Safety in operation is paramount in the LAs' view and that can be jeopardised by ignorance or bad advice or a combination of the two.
One of the features this month concentrates on environmental conditions imposed on operators and the Impact on their business. The article warns hauliers not to accept the conditions without careful thought and if necessary good advice. The "green" issues are not going to go away, but there has to be some give and take, hence the need to study the conditions carefully and question anything that is ambiguous or open to argument Later breaches of the conditions will be regarded as serious matters.
Health and safety is another area the poor haulier has to deal with, as does any employer. The EC law on lifting loads has yet to emerge in its final shape but it will certainly apply to most hauliers and particularly to the removals industry. Training would seem to be the key here, and most removals companies would see this as a necessity. However it will apply to all and it will be prudent to bone up on the facts and arrange the relevant training and ensure that steps are taken to have manning levels to cope and staff who know how and what to do. Extra staff will cost more money... but prosecution is round the corner for those who fail to comply with the rules. And don't forget to check your insurance.
All these points put an enormous load on the haulier. Where can he turn?
His best bet is to consider carefully the pitfalls, tighten up procedures where he can, spend some money wisely on matters where he is ignorant and take good advice. There is a legal minefield out there and the offensive will get stronger if the signs read correctly. Prosecution costs more than advice.