DOT scheme to unit transport law
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by Nicky Clarke • The Government is working to harmonise 0-licensing legislation for LGV and PCV operators, in a move which could benefit owner-drivers and remove inconsistencies.
A Department of Transport working party is discussing how to bring the legislation up to date with current practice in the transport industry: not least the fact that Traffic Commissioners are handling an increasing number of public inquiries over environmental issues.
The DOT has bid for parliamentary time to introduce new legislation. If this is granted the working party's proposals will go out to consultation with the industry and new laws could be introduced later this year or early in 1994.
Among the proposals are extending the role of the financial adviser, who is currently only empowered to determine if a company has sufficient money to maintain its vehicles; giving Traffic Commissioners 30 days' grace to remedy mistakes, thus avoiding the need for operators to appeal or apply for a variation; and allowing parish councils to object to 0-licence applications.
The plan to harmonise the two Transport Acts has met a mixed reaction. "You are dealing with two entirely separate types of businesses. Many of the rules of one do not apply to the other," says Road Haulage Association director-general Bryan Colley. He expects hauliers to benefit if bureacracy is reduced, but warns: "I suspect the changes will be beneficial to those who adminster the law".
Transport solicitor Jonathon Lawton says harmonising the law is a good idea: "The difference between the two sets of regulations is confusing and creates confusion in the minds of drivers," he says. "Anything that simplifies the law has to be welcomed." He says that any changes will benefit ownerdrivers and drivers in smaller companies who are not as familiar with the law as bigger operators. He also believes harmonising the two Acts "will help to remove inconsistencies on the part of Traffic Commissioners".
Back on the agenda is former transport minister Robert Atkins' proposal to introduce continuous 0licensing, which the Government is determined to introduce. The Commissioners are known to have reservations about this scheme.