Clause 5 tops breaches
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by Miles Brignall • The largest single cause of prosecutions under the London Lorry Ban is Clause 5, which covers routeing.
Of the 1,400 drivers prosecuted by the Lorry Control Unit (LCLI) in the past six months, 522 had allegedly contravened this controversial clause.
Clause 5 states that LGVs driving in London during the night-time ban. between 21:00hrs and 07:00hrs must stick to approved or "excluded" roads to get as close to their destination as possible.
The London Boroughs Transport Committee, which administers the scheme, won a test case in May upholding Clause 5. Many of the prosecutions since then had been adjourned pending the result of the test case (CM 19-25 May). Major fleets issued with sum
monses under Clause 5 include Wincanton, TNT Express, Tibbett & Britten and J Sainsbury—offenders face fines of up to £1,000.
The Road Haulage Association has slammed Clause 5 as "a bureaucratic nonsense".
• On 4 November Keith Wilson, transport manager for Dagenham-based JCW International Freight, received a summons for an alleged breach of Clause 5. When he rang the Lorry Control Unit he was told that instead of taking the 8km direct route his driver should have followed main roads via the North Circular—a distance of 22km. Wilson alleges the Lorry Control Unit official became abusive and, assuming Wilson was a driver, advised him that "he could get out of it" by telling the court he was instructed to take the route. The company would then face a heavy fine. JCW director Peter Wisdom has complained to LCU, which says the matter is under investigation.