Boroughs to appea Ban decision
Page 6
Page 7
If you've noticed an error in this article please click here to report it so we can fix it.
• The London Boroughs Transport Scheme is to appeal against last week's High Court ruling which slammed the Capital's boroughs for "illegally" banning the night movement of vehicles unless fitted with air brake silencers.
Following an emergency meeting on Monday, the LBTC says it still has to determine its grounds for appeal but expects a hearing within the next six months. "This is a retrograde step for the people of London and for the environment," says the LBTC.
The High Court overturned London Lorry Ban Condition 11, which insists on the mandatory fitment of air brake silencers, after warning that the local authorities were "trespassing on the powers of central Government".
Lord Justice Watkins and Justice Hutchinson agreed with the Freight Transport Association, the Road Haulage Association and the Society of Motor Manufacturers and Traders that Condition 11 would set a precedent, giving all local authorities the power to demand vehicle alterations from operators.
Lord Justice Watkins said such a situation would be "highly confusing and undesirable." The LBTC "is not entitled to lay down standards of silencing involving a technical matter of construction by insisting on a condition of silencers and a prescribed manufacturer," he said. "It :learly does usurp the function :al the Secretary of State in :ontrol of matters affecting Thnstruction and Use."
Watkins continued: "If it is a matter to be regulated then it must be a matter of general application by the Secretary to amend existing regulations."
At the end of the hearing the LBTC asked for a stay on the udgement pending notification al an appeal. This request was refused. Watkins said: "The practice must stop forthwith as we have declared it unlawful."
FTA director-general Garry Turvey says: "We are delighted because it is the vindication of our belief that life would be impossible for vehicle operators if local authorities could override national law. Our only regret is that we had to go to the High Court on a matter which the Department of Transport could have solved years ago. We are sorry the Dip was reluctant to stand by our belief."
Cement firm Blue Circle, which lost its appeal against condition 11 last month despite the support of the LBTC's own Appeals Advisory Committee, says: "We are pleased with the results. We consider it a victory for sanity."