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KNOW
There's so much happening in the business world that its a good idea for hauliers to
step back now and again, and take a cool look at relevant issues in depth. Thanks to our colleagues at the Freight Transport Association we will be briefing you on a series of issues—starting with lorry bans.
• The London Lorry Ban (LLB) is a London-wide nighttime and weekend ban covering all 33 London Boroughs. It applies to lorries over 18 tonnes GVW,
including drawbar trailer combinations over 18 tonnes GVVV, during the following periods: Monday-Friday, 00:00-07:00hrs and 21:00-24:00hrs: Saturday, 00:00 07:00hrs and 13:00-24:00hrs; Sunday, 00:00-24:00hrs. The LLB was originally set up by the old GLC in 1986, allegedly to address the problem of noise disturbance
caused by HGVs entering the capital. The ban was specifically designed to counter the noise pollution from air brakes.
The scheme is now run by the Association of London Government Transport and Environment Committee (ALG).
To operate during the times of the LLB, vehicles must have a permit. These are available free of charge from the Traffic Enforcement Unit (TEU), which administers the scheme. When applying for a permit operators must show that they need to use restricted roads during the ban period.
The LLB covers all roads in Greater London, except for those which comprise the Excluded Route Network. This network comprises some roads which were classified as trunk roads before the establishment of the Transport for London Network, and certain other roads. Maps showing the network are available from the TEU.
Vehicles operating under the Speciai Types General Order are exempt, as is any vehicle which is, or whose load is, required for dealing with an emergency affecting the safety of people or property.
For a company to hold a permit, operators have to give various under takings and accept certain conditions. Two of these which are of particular importance are conditions 4 and 5.
Condition 4 covers the use of the M25. It says: "The applicant and the driver of
the vehicle shall maximise the use of the M25 or other suitable routes outside the Permit Area as an alternative to using roads in the Permit Area The applicant and the driver of the vehicle shall ensure that the vehicle shall not be driven on restricted roads in the Permit Area during the controlled period, unless either: a. A valid permit is displayed in the vehicle; b. lt is undertaking a necessaryjourney in the Permit Area; and: L The next planned stopping place is in the Permit Area where the vehicle is to be loaded or unloaded, or repaired or parked either in a vehicle off-street parking place or on another parking place specifically designated as a commercial vehicle parking place by a Highway Authority; ill The previous planned stopping place was in the Permit Area where the vehicle was loaded or unloaded or repaired or was parked either in a vehicle off-street parking place or on another parking place specifically designated as a commercial vehicle parking place hy a Highway Authority; or a The vehicle is being driven on the restricted road because of a local temporary traffic regulation order or diversion or at the direction of a police officer in uniform."
Condition 5 concerns the use of restricted roads. It reads as follows: "-The applicant (for the permit) and driver of the vehicle shall ensure that, during the controlled period, if it be essential that the vehicle uses roads in the Permit Area, the vehicle minimises the use of restricted roads unless a route is specifically agreed with the ALG. To this end, the applicant and the driver of the vehicle shall ensure that the vehicle;
a Does not leave the excluded roads until as near as practicable to the planned stopping place in the Permit Area;
b. Takes the shortest practicable route from a planned stopping place either to the nearest excluded road or to the next planned stopping place if this results in the vehicle being driven a shorter distance in total on restricted roads.
If a specific route has been agreed with the ALG, the applicant and the driver shall ensure that the vehicle follows the agreed route."
A High Court ruling in 1994 established that operators and drivers must comply with Condition 5, regardless of the increased distance, time or cost of the diversionary route.
For operators to demonstrate that they are minimising the use of restricted roads, they should ensure that their drivers understand the workings of the ban and have copies of the TEU map, which shows the restricted roads, in their cabs. These are available from the same address as the permits.
Operators should note that the TEU will enforce this condition to the nearest kilometre, so operators and drivers can be prosecuted for innocent mistakes.
With regard to a "specifically agreed route", operators also need to note that such routes are subject to a detailed assessment procedure and will only be agreed in exceptional circumstances.
The majority of prosecutions are for breaches of Condition 5 and, as with any other road traffic offence, both the operator and/or the driver are liable for breaches of the order and permit conditions. The company's Traffic Commissioner would have to be informed of any convictions and these could affect a company's 0-licence.
Recent fines for breaches of the LLB have ranged from £200-1,000—operators facing prosecution for LLB offences are advised to take professional advice.
Contacts
The Association of London Government Transport and Environment Committee Traffic Enforcement Unit (TEU): New Zealand House, 80 Haymarket, London SW1Y 4TE; phone, 0201747 4770; fax, 020 7930 2719.