The Transport Act
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by Major-General John Carpenter
THE Transport Act 1982 has created a good deal of comment from the road transport industry particularly in respect of its implications for goods vehicle operator licensing.
The Act has been published, but at the time of preparing this paper the draft Regulations, which contain much of the important detail, are being considered in final form, and there may well be changes before final implementation. The effective date of the new Act in respect of operator licensing is not yet known but is likely to be 1984 and may coincide with the date of the Traffic Area Reorganisation planned for April 1 1984.
The aim of this paper is to describe the background and some aspects of the Act and to set out the main changes which operators may have to face when the legislation becomes effective.
Background The Foster Committee report on Road Haulage Operators Licensing published in November 1978 discussed, in chapter nine, operator licensing as a means of protecting the environment. The discussion covere( broad environmental e (and their controls) uncle headings: (a) The local effect of at vidual operator on the an mediately surroundin centre of operations; and (b) the general effect I presence and movemE goods vehicles on the en ment in general.
The report made major r mendations as follows: numbers are as in the repo (25) That a statutory def of an operating centre sho revised to give effect 1 original intention of cont its environmental impact;
(26) That a Licensing Au. should not renew the lice
Derator whose operating • e is in breach of deTient control where the planning authority is altaking enforcement ac ) That except where rig permission has been 5sly granted for the use of prating centre, a Licensing rity should not grant a e unless he is satisifed that entre is environmentally le, That a Licensing Authority be able to impose condion a licence to deal with inmental matters; That a Licensing Authority have a duty, when conlg environmental cases, to nto account the views of ppropriate local planning lighway authorities, other Dry objectors, any resior non-residential occuof property in the proximthe operating centre, and I any person offended by ctivities of vehicles from perating centre.
re were also minor recomlations which included: numbers are as in report) That an applicant for a e should be required to ad his application both irS a iewspaper and at the pro site of his operating That an operator should le to appeal to the Trans'ribunal against the refusal cence or the imposition of idition on environmental Ids if he contends that such usal of condition is unnable taking into account rsts to him.
Jecember 1980 the Arrnileport about lorries, people he environment was pre d to the Minister of TransIn respect of operator sing the report recomed: (para numbers are as on) I) In the licensing of ators, the definition of ating centre" should be ex d so that it includes lorry s and other places where perator customarily parks his lorries when they are not away on business.
(24) Licensing Authorities should be empowered to reject an application for a licence on the grounds that intensification of the use of an operating centre would make it unsuitable on environmental grounds; (26) The statutory duty of the Licensing Authorities should be widened to include a duty to take account of views which local authorities submit to them on applications for licences.
The transport industry was able to give evidence in connection with both reports and neither report could be considered anti lorry when read in entirety.
The Armitage Report also recommended that "to give large economic benefits, to help the environment, to improve road safety and to save energy, the maximum axle weights and gross weights should be etc". The largest gross weights recommended were 44 tonnes.
The 1982 Act has therefore been drafted against this background and in the face of strong environmental pressures opposed to the heavy or heavier lorry.
Let us consider the main changes arising from the act. Operating centres definition The new Act substitutes at Section 52(0 a new definition of operating centre as follows: "Operating centre in relation to any vehicle means the base or centre at 'which the vehicle is normally kept and references to an operating centre of the holder of an operator's licence are references to any place which is an operating centre for authorised vehicles under the licence". Control of operating centres on environmental grounds Schedule Four of the Act sets out provisions for the control of operating centres and the Regulations provide further detail. Some of these which are new are set out below.
Objections In addition to the prescribed trade unions and associations which may object to an application, any person who is the owner or occupier of land in the vicinity of any place which, if the licence is granted, will be an operating centre of the holder of the licence, may make representations against the grant of the application on the ground that that place is unsuitable on environmental grounds for use as such, provided that any adverse effects on environmental condi lions arising from that use would be capable of prejudicially affecting the use or enjoyment of the land.
Where any objection or representations are duly made under this section, the Licensing Authority may in any case refuse the application on the ground that the parking of authorised vehicles under the licence at or in the vicinity of the proposed operating centre would cause adverse efects on environmental conditions in the vicinity of that place.
The Licensing Authority, after considering objections or representations, may refuse applica-. tions on the grounds that the proposed operating centre is unsuitable for use on environmental grounds.
These provisions do not apply to licence renewals provided that the applicant satisfies the Licensing Authority that the application will not result in any material change to any previous grant.
Considerations which are prescribed as relevant to the determination of objections and representations made against an application, are contained in the draft Regulations as follows: (a) The nature or the use of any land (as defined in Schedule 1 to the Interpretation Act 1978(a)) in the vicinity of the operating centre and the effe.:t which the grant of the applic tion would be likely to have c n such nature or use;
(b) The use and type of ar y existing or proposed building c n the operating centre;
(c) The nature and the times if the use or proposed use of ar y operating centre; (d) The nature and times of use of any existing or proposed equipment at any operating centre; (e) The means or proposed means of vehicular access ID and egress from any operating centre; (f) The number, types, weigi t and size of vehicles which are used or are proposed to be used for any such access or egress;
(g) The length of time (if an) ) during which the applicant has continuously used the operatin centre for the purposes of his business as an operator under e licence, and the changes whic have occurred during that time in —
(i) the use of land in the vicir ity of the operating centre, or (ii) the nature and extent et the business carried on the operating centre an the manner of its conduct; (h) The existing propose parking arrangements at or i the vicinity of any operatin ) centre, and (i) The nature of the business to be carried on at any suc centre, including the type ct goods or burden to be taken t( stored or otherwise dealt with a:, or removed from any suci centre.
Conditions which may bt h attached to a licence
The conditions listed in the draft Regulations which n Licensing Authority may attach to a licence are conditions regu • lating: (a) The number, type, weight and size of motor vehicles o trailers which may at any ono time be at any operating centn: of the holder of the licence in till: area of the authority for any o' the following purposes: (i) loading and unloading; (ii) maintenance; (iii) in the case of a moto • vehicle, instructions beino given to the driver or in tended driver, and (iv) parking
(b) the parking arrangement:. to be provided at or in the vicin • ity of any such centre;
(c) The times between whiCt there may be carried out at any such centre any of the following operations: (i) loadng and unloading, maintenance or movement of any motor vehicle or trailer, and (ii) instructing any person who is, or who is intended to be, the driver of any motor vehicle; (d) The means of access to and egress from any such centre; • (e) The nature of the business to be carried on at any such centre, including the type of goods or burden to be taken to, stored or otherwise dealt with at, or removed from any such centre.
Publication of applications The Licensing Authority shall refuse an application for an operator's licence or an application to vary an operator's licence without considering the merits of the application unless he is satisfied that notice of the application in such form and containing such information as may be prescribed has been published in a local newspaper or newspapers within a period beginning 21 days before the application is made and ending 21 days after that date.
Size of the problem According to the last Annual Report of the Licensing Authorities for the period ended September 1982, licence applications dealt with during the year were as follows: New licences 2,435 Renewals 7,147 Variations 6,311 The total of licence holders is 126,864, operating approximately 480,000 vehicles.
Under the new legislation, all new applications and variations could attract objections and representations together with some renewals if there has been a change of circumstances. It seems therefore that in theory at least 18,000 and probably more applications could attract objections or representations in a year. Only time will tell how true this will be but it is relevant to point out that in the Yorkshire and West Midland Areas where some local authorities are very active, my Area had 144 objections last year and West Midland 125. I certainly anticipate many more objections in my Area from local authorities alone when the new Act comes into force.
Working of the new legislation We will all learn from experience, and as always with new legislation, case history will no doubt develop.