The view from the LA's chair
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THE annual reports of the Licensing Authorities provide a fascinating picture of the road haulage industry. Its blemishes are painted "warts and all", but the LAs try hard to be fair and seem genuinely pleased to report signs of progress. Inevitably, a large proportion of each report deals with the seamy side, often under the heading "enforcement", and this review of some trends and highlights of the latest reports for the 12 months ending September 30, 1965 (HMSO, 6s. 6d.) begins with the topical subject of vehicle maintenance.
Although some LAs report that the maintenance of vehicles in their areas is marginally better, Mr. J. T. Hanlon (Northern area) says bluntly: "The standard of maintenance is much below that required and is growing worse." He also notes that 1,837 prohibition notices were issued to the owners of C-licensed vehicles, 410 of these being immediate in effect.
Most areas are now, operating maintenance advisory committees, and those which do not stress that the advice of the area maintenance engineers is regularly sought and given on all aspects of maintenance. I fancy that Maj.-General Elmslie's cri du coeur, when pointing out that no area maintenance committee has been formed in the South Eastern area, that "there is no means of securing the attendance of those operators whose presence is most necessary", would be endorsed by the other LAs. Indeed, Mr. Hanlon, whilst commending the good attendance by operators and their maintenance staffs, and the lively discussions at his area maintenance committee meetings, laments that the speakers were mostly preaching to the converted, as in general, only the more responsible and conscientious members of the industry attended.
This suggests a possible new gambit by LAs at Section 178 inquiries concerning vehicle maintenance. Offenders—and appropriate members of their staff—could be urged to attend a minimum of six area maintenance committee meetings as a token indication of their contrition. This, I would think, would be a more effective punishment —it would certainly be more salutary—than the customary vehicle suspension for a week or two.
Operators often complain of the inconvenience and delay occurring when vehicles are submitted for clearance after the issue of a suspension notice. Mr. D. 1. R. Muir records that as an experiment, and to reduce waste of time, two centres were set up during the year to which operators could take their vehicles for clearance instead of waiting for an examiner to visit the repaired vehicle. Alas, this Metropolitan area initiative does not seem to have been appreciated, and the facility was little used. The Eastern LA believes that the vehicle examiners' winter fleet inspections at operators' premises have become a welcome feature and that many operators are thankful for the technical advice given to them. Mr. Ormond is, I think, right to regard this relationship as "most important and encouraging".
The East Midland area enjoys a singular distinction in that no revocations, suspensions or curtailments were imposed during the year. Mr. C. M. Sheridan, who assumed the LAs burden in February, 1965, seems to be conscious of this singularity, for he anticipates that "under the new administrative arrangements which have been made, there will be a considerable increase in the number of cases dealt with under Section 178 in the future-.
In South Wales, Mr. Ronald Jackson has continued with the procedure adopted last year whereby vehicle examiners carry out a fleet inspection before an A licence is renewed. On occasions, when the reports have indicated that maintenance arrangements are inadequate, the renewals have been granted, but another check has been laid on after a further six months. The second check "has. always shown an improvement". When the initial reports have been excellent, the LA, with characteristic courtesy, has made a point of conveying his satisfaction to the operators concerned. Good psychology, this, and I hope that other LAs Of they do not now do so) will follow suit.
There are a number of references to "silent checks", and it would appear that in relation to the man hours devoted to the exercise, the LAs "bag" of offenders is (from their standpoint) worthwhile. For example, in Scotland, an extended check at Perth in June, 1965, netted a total of 579 vehicles. Of this number 326 were dismissed as satisfactory, but 126 reports were sent to other areas, 12 warning letters were sent to the operators, 52 prosecutions were initiated and no action was taken in 63 cases. I pre sume the lucky 63 got away by the skin of their teeth (if that is an expression that is recognized north of the border!).
Mr. Birnie also records the result of silent checks in the southern division, where of 1,120 vehicles observed no less than 91 per cent were found to be in order. Perhaps there is a moral to be drawn here but I will leave it to be drawn by Scots!
Mr. C. R. Hodgson, the North Western LA, is also aware of the value of silent checks, particularly in the early morning and late evening. These have revealed hours and records offences which otherwise would not have been detected. "Drivers' records in these cases generally showed only legal hours of driving, whereas the drivers had actually exceeded their permitted hours and returned home although in receipt of subsistence allowances."
Mr. Hodgson singles out for special mention a case brought before Ellesmere Port Magistrates' Court in August, 1965, when an operator and nine drivers were summoned in respect of records and hours offences. There were 316 informations laid and although 192 summons were dismissed the operator was fined a total of £640 and ordered to pay 100 guineas costs, and eight drivers were fined a total of £88.
Enforcement reports in the Yorkshire area numbered 3,049 last year, against 2,801 for 1963-4, and fines totalling more than £9,400 were imposed. In one case at Leeds Assizes in January, 1965, a haulage company and its secretary were convicted on a charge of conspiracy to contravene Section 73 of the Act. The company was fined £2,000. the company secretary £1.000 (with 18 months' imprisonment in default) and the company was ordered to pay £1,260 costs, after a three-day hearing.
Some of the more prominent licensing bids find their niche in official history in the LA's reports. At Eastbourne, I suspect that the notorious Mid-Southern Tipping Group bid will be remembered in 2000 AD, for the LA records that more than 1,000 objections were received to the 30 applications put in simultaneously by members of the group.
Mr. J. R. C. Samuel-Gibbon notes a decline in the number of Contract A licence applications in the Western area. The decline, he feels, "may well have resulted from the publicity given to the unsatisfactory level of quarry rates in the area, and the measures subsequently taken to remedy this situation".
One of the few references I noted concerning haulage rates appear in the Western LA's remarks apropos the low rates paid to tipper operators. "Unrestricted grants of Contract A licences had led, in some parts of this field of operation, to the prevalence of uneconomic rates. This matter was investigated in open court and I am hopeful that the situation is now more under control. So long, however, as Section 174(2) of the Act remains on the statute book, constant vigilance will be required."
The immense amount of administrative detail undertaken by LAs and their staffs is very clear from the reports. How many people in transport realise that in the whole country there are as many as 1,248 public inquiries in a year? I confess I was surprised to learn that Scotland had more than any other area (192), although the Metropolitan area was a close second, with 173. The East Midland area, with 55, and South Wales with 59 would, perhaps, be appropriate areas for pushful operators to start up in road haulage, if the number of public inquiries is an indication of the likely opposition of established hauliers!
It is often pointed out that objections by the "heavenly twins" of the licensing courts, British Railways and BRS, have fallen off a great deal in the past few years. This is borne out by the fig ures, for of 23,853 objections to all applications, BR put in only 5,317 and BRS a mere 2,441. The number of private objections (that is, of hauliers against hauliers) rose from 14,228 to 16,095.
Oddly enough, the rail objections to road haulage applications are not evenly spread throughout the country. Of the total of 5,317 rail objections, no less than 1,392 were in the North Western area. Obviously, there are a few armour-plated rail snipers still lurking in the Manchester conurbation.
BRS objections are comparatively infrequent in some areas, but like British Railways, they maintain a vigilant squad in the North West, where 389 bids were opposed, and in the Metropolitan area, where 502 applicants were made to sing for their supper.
It is appropriate to make reference to a comment of the East Midland LA, who refers to the need for an increase in the clerical and executive supporting staff and in the technical supervisory grades in order to make better use of the records being rapidly built up in operators' files. "Traffic area organization is, at present, not geared to take fully effective follow-up action on the mass of information currently being produced by vehicle and traffic examiners on the many aspects of their work. Although the organization has been expanded from time to time ... requirements demand more radical reform if it is to meet the increased demands of the present and the future."
The LAs report the close collaboration of their enforcement staff with the police. Mr. Ormond, at Cambridge, is not alone in expressing concern for the great amount of time this consumes. Though examinations of vehicles at police request following accidents has been kept to a minimum, no fewer than 550 vehicles were examined in his area. The Eastern area records, with a meticulousness which I find a little improbable, that examiners spent 847+ hours in magistrates' and coroners' courts last year, which appears to approximate to half a man year. (Add to that figure the administrative enquiries preceding the examiners' appearance in court and I suspect the bill would be much heavier).
In all areas, 1,090 prosecutions were brought by LAs (or by the Police in co-operation with LAs) against operators for using a goods vehicle without a carriers' licence. Five drivers were charged with the same offence. There were 296 breaches of carriers' licence conditions by operators and only two by drivers for similar offences. No one with any knowledge of the industry would argue that in the whole country under 300 breaches of licence conditions occurred. LAs would save themselves and the industry much trouble if they would press on with the rationalization of the multifarious B-licence conditions "enjoyed" by thousands of operators. Drastic action here would save a fortune in typesetting costs alone, for their publication in "As and Ds" is a largely meaningless exercise.
The 3,694 hours and records offences by drivers were three times as numerous as similar offences by operators; hardly surprising, in view of the difficulty of control and supervision.
I don't know if LAs maintain a league table of enforcement actions but, if they do, Mr. Else would win hands down. The West Midland area brought 627 prosecutions against operators and 1,016 against drivers, and the sum of these, 1,643, seems a disproportionately high percentage out of a total number of offences in all areas of 8,429. No doubt the explanation lies in the number of commercial vehicles operating in the area.
On a warmer note it is appropriate to conclude this review with the last sentence from Maj. F. S. Eastwood's last report to his Minister. ". . . I would remember with very sincere gratitude the loyal and efficient service rendered by the staff of the area (Yorkshire) over a period of almost 27 years; no one could have been better served and also—may I add—better advised."