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Judge rejects Lorry Ban injunction
Page 6
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• The haulage industry has failed to convince a High Court judge that the compulsory fitting of air-brake silencers to London-lorry-ban trucks is dangerous.
Mr Justice Simon Brown said on Friday (14 April) that evidence brought before him by the Freight Transport Association and the Road Haulage Association, alleging that retrospectively-fitted airbrake silencers could impede braking efficiency, was not strong enough to justify an interim injunction against Condition 11 of the London Boroughs Transport Scheme.
He described the industry's opposition to compulsory airbrake silencers as "threadbare in the extreme", adding that
the units could easily be fitted for £15 to £40 each.
The industry must now await a judicial review of the subject. In a joint statement the two trade associations said that they are "disappointed" by the ruling. Their lawyers are now seeking an expedited hearing of the full case.
In the meantime, operators are advised to fit air-brake silencers to win lorry ban permits from the LBTC. The judge supported the LBTC argument that operators have been adequately informed on the issue of retrospectively fitting of air-brake silencers and that the committee had not acted unreasonably in enforcing Condition 11.
The trade associations will continue to challenge the condition on the grounds that it is contrary to European Community directives and is likely to endanger the public.