"If a licence is granted and the haulier starts breaching
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it, residents can write to the TC with further objections," says Woolfall. "What usually happens is they are left on file and considered when the licence is reviewed—if they are still valid.
"The outcome would depend on the nature of the complaint," he adds. If a site is in the countryside but slap bang next to one house and trucks are going up and down all night that would be enough. But not if it was in the middle of a developed area and just one person complained out of 20 Or 30 who have a right to."
Evidence
Hauliers unhappy with rulings can appeal to the Transport Tribunal, where all the existing evidence is reviewed in a hearing chaired by a High Court judge. Those involved are responsible for their own costs, although there is a provision for the tribunal to make a costs order if the claim is seen to be vexatious.
During an appeal, the onus is on the haulier to show that the Traffic Commissioner misinterpreted the law or reached a decision that was not reasonable. At an appeal there is no new evidence called," Woolfall explains. "They just review all the evidence---it's not a second bite at the cherry."
Most cases tend to be resolved at a much earlier stage. But for some firms the consequences can be devastating.
"I've had clients who have come close to going out of business," says Woolfall. "But if I think things are going to be that bad I usually advise them to find other premises quickly. Often the local authority will tend to help relocate a haulier because they don't want to lose the revenue from the business rates."
Transport lawyers stress that hauliers can often pre-empt problems with local residents by taking some simple steps to "be a local".
The most effective measures tend to be those that are likely to win favour with community groups—such as putting money into local projects, or sponsoring events.
"Try to integrate your business as part of the community," Woolfall advises. And once you've got your 0-licence, don't forget the locals."