The LA can say 'have a few more'
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"THE NFC may grant you a licence and its counterpart British Railways can object so that the grant is withdrawn." This fantastically muddled and misleading statement was made recently to a large audience of hauliers. The speaker was a good orator; his audience hung on every word. What a pity he was so ill-informed! The hauliers left believing that the NFC will exercise some power over the issue of operators' licences— if the Transport Bill becomes law.
The Licensing Authority as we know him today will be the person who controls the issue of licences. Part V of the Transport Bill Section 55 is my authority for saying so (CM, February 2 1968). In the same issue I dealt with operators' licences—Section 56. You will remember, if you wish to use a vehicle on the road to carry goods you require an operator's licence.
However, it is also necessary to have authorization to use vehicles on the road. This is dealt with in Part V Section 57. An operator will require to seek authorization to operate a specific number and type of vehicles and these vehicles will be specified on the licence in a manner by which they can be quickly and accurately identified. Presumably by the same method as at present, that of registration mark.
It will also be necessary to have authorization for the operation of trailers. This will be more general than in the case of vehicles or tractive units. Here the operator will be authorized to use up to the number specified on the licence. There is little real difference at this stage from the present system. It is at Section 57 (1) (c) that the real and important difference occurs; even then only the hire and reward operator of today will know any difference.
To understand this paragraph (c) fully it is necessary to understand Section 167 (1)(d) of the 1960 Act. The wording of these two items is identical except that the clause in the earlier Act applied to C licensees only. In effect this means that an operator will be able to apply for authorization for any number of vehicles. He need not necessarily take them all up if granted, but as his requirement develops he can add to his fleet up to the authorized maximum without applying again to the LA.
Before you have any grand idea of making application for some fantastic fleet, read on. This section is designed to meet the requirements of the operator who wishes to meet seasonal peaks. It is important to understand that if you do use this facility the LA must be advised of any additional vehicle within one month, or it will cease to be authorized.
Provided the LA is advised in the period of grace and provided the additional vehicle does not exceed the number previously authorized then the licence will be varied.
Disposal of vehicles has always been regarded as more complicated than purchase. Subsection (4) makes the new position clear. A vehicle cannot be disposed of to another operator and be added to his authorization until the selling party has had it deleted from his licence. So that when you purchase a vehicle secondhand you should ensure that it is no longer specified on the previous owner's licence.
This is a case where an innocent party can be punished because of negligence rather than wilful intent. The LA has power to remove the authorization for use of a vehicle if he discovers it is specified on more than one licence.
In addition, the LA can remove authorization if he discovers that a vehicle specified in a licence is no longer in use. Allowance will be made for fluctuation in business.
During my inquiries on Section 57 at the Ministry of Transport I was told that the LA may in some instances suggest that the haulier should apply for more vehicles to be authorized than he requires immediately. This proposal would be made where the operator had adequate facilities to cater for these additional vehicles and where an expansion of his business seemed likely.
To summarize Section 57: authorization is granted for specific vehicles and for a number of trailers. However, to meet seasonal traffic, operators will be able to obtain authority for vehicles "to be acquired". Vehicles can only be authorized for the use of one operator at any one time and when vehicles have been acquired the LA must be old within one month. If a vehicle is lying idle the LA can remove it from the licence.