Routeing decision opens floodgates
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by Amanda Bradbury • Hundreds of drivers and hauliers, including the biggest operators in the industry, face prosecution as a test appeal against the controversial routeing Condition 5 of the London Lorry Ban ends in a ruling against operator Parcelforce.
The High Court judgement means that all operators travelling through London, and not sticking strictly to unrestricted trunk roads to comply with Condition 5, will pay an average extra £1 per mile on each journey.
The judgement, upholding three convictions for breaches of Condition 5 against Parcelforce, effectively rules that the condition must be complied with, whatever the cost or environmental consequences. The High Court has decided that: • Parcelforce was in breach of Condition 5; • Breaking Condition 5 is a criminal offence punishable in the courts (Parcelforce argued that it is not); • A breach of Condition 5 can result in prosecution, rather than just a revocation of the Lorry Ban Permit.
Condition 5 states that the haulier and driver must ensure that, during the controlled period, it is essential that the vehicle "minimises use of restricted roads".
The lorry ban administrator, the London Boroughs Transport Committee, has confirmed that 665 summonses brought under alleged breaches of Condition 5 are now being prepared.
The summonses, to be sent out imminently, reactivate a backlog of cases built up since February 1993 and adjourned by magistrates awaiting the Parcelforce judgement.
The 665 cases come in the face of an appeal by the Freight Transport Association for each case to be reviewed. The association, which calls Condition 5 "an environmental nonsense", asked the LBTC to drop the cases "where it is clear that the environmental benefits are questionable and the diversionary costs substantial".
The summonses are against operators including TNT Express, Hays Storage Services, Securicor Omega Express, Kwik Save, BOC Group, Tibbett & Britten, St Ivel, Iceland Frozen Foods, Wincanton, Christian Salvesen, Safeway Stores, P&O Roadtanks, J Sainsbury and Russell Davies.