Sauce for the goose...
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by CM reporter AS each new piece of EEC legislation arrives on t he British transport scene it provides more support for the argument that British operators are being placed at a disadvantage compared with most other members of the Community because Britain's elaborate enforcement network is in strong contrast with Continental practice.
The complaint is well understood in official circles, and indeed there are now discussions going on within the EEC to see whether commo n enforcement standards can be agreed upon to back up the common legislation. Without this, the situation is manifestly unfair. And in Britain's case there is the particular risk that if contempt is bred for EEC laws through unfair implementation, it will be extended to other legislation as well.
French surprise
The extent to which British road transport is regulated and controlled certainly came as a surprise to French civil servants, transport operators and journalists when they visited Britain in December (as reported in CM at the time). The explanation of the scope of the general enforcement system (on top of which there are, of course, arrangements to deal with special hazards and particular types of freight) can even come as something of a shock to British operators, and particularly newcomers, who seldom see the whole picture set out at one time.
Senior officials in the enforcement section of the Department of the Environment spelt out for the French visitors the way in which this is organised, and it made impressive reading for anyone charged with the task of convincing the Continentals that they still have a long way to go. Even a brief summary— within the space available here —provides a picture of an impressively interlocked network.
Although "domestic" EEC legislation is first likely to affect driving hours, which the UK controls mainly through examiners employed in the Traffic Areas, it is control of vehicle standards which most cle a r I y demonstrates the enforcement net.
Operators of goods vehicles over 11 tons unladen weight (there are about 800,000 such vehicles) will not need reminding that their principal hurdle is the annual goods vehicle inspection at one of the 91 DoE test stations, which employ 450 testers and rather more than 100 technicians as managers and supervisors. The first test occurs when a vehicle is one year old and about 70 items on each vehicle are likely to be examined. Failure on any item can mean refusal of a test certificate.
Since the Government has, to a degree, control over both production and operation standards for vehicles, through the Construction and Use Regulations, it dictates many of the design requirements for new vehicles; but nevertheless it has a "long stop" in that at the end of the first year the vehicle will not only be tested but will be examined for its gross weight suitability.
While vehicles are plated initially by the manufacturer and while both manufacturer and DoE are involved in drawing up the Standard Lists of plated weights which are up dated each year, it still happens from time to time that, at the first test, the DoE will revise the plated weight authorised by the manufacturer. An interesting point, not always appreciated by operators, is that when brake tests are undertaken at a DoE test station they are based on the performance available at the plated design weight, which may be well beyond the weight currently permitted for operation in the UK.
Spot-checks
The annual testing is supported by roadside spot-checks on vehicles and by examinations in operators' premises. Because all these forms of testing are either conducted by DoE officials or in liaison with them, the Department is in the very strong position of being able to combat vehicle faults by introducing changes in the regulations or by enforcing changes on the manufacturers, while it is able to tackle cases of bad maintenance and operation by reporting these to the Licensing Authority — who in turn can consider whether the operator's licence should be curtailed or revoked.
Just where does the Licensing Authority stand in relation to the DoE? The Licensing Authority is only a part of the DoE in the loosest possible sense; he is in law a statutory independent authority with discretion to issue, vary or revoke operating licences and, in normal circumstances, is not answerable to the Minister for the actions that he takes. In status he lies somewhere between a Stipendiary Magistrate and a government official; although the Minister appoints him in the first place, he does not interfere in the decisions which the LA makes. His courts, while having undisputed power over goods vehicle licences, do not have the formal procedures of a court of justice. On the other hand, appeals against his decisions can go to the Transport Tribunal and even to the House of Lords.
Before an LA grants a licence to a new applicant he needs to be reassured that the operator can run the vehicles safely and legally and, in particular, that he will have the facilities for proper maintenance. If the operator intends to maintain his own vehicles, then his premises are subject to inspection by the LA's examiners; if they are to be main.tained by a commercial garage then the LA requires evidence of a contract with a garage that has suitable facilities and is of good repute. Unless the inspecting engineer reports favourably to the LA on the maintenance arrangements, no licence is likely to be granted.
Even the simple financial assessment which an LA makes about a new applicant is intended to reveal whether he has sufficient to provide and support the maintenance facilities.
Light goods vehicles (up to tons unladen) are tested annually once they are three years old—but to a much less onerous standard than the heavies.
Buses and coaches carrying more than 12 passengers have to have a Certificate of Fitness which is issued after an inspection by a DoE engineer; this certificate is valid for seven years and is then renewable on inspection, but roost large psv are examined at least once a year—and, like trucks, buses and coaches are subject to spot checks at any time.
Impressive
Even in brief outline, it is an impressive-sounding network; yet the philosophy behind it, says the DoE, is that there should be as little interference as possible in the industry by Government. And that vehicle testing is justified only if there is fairly clear evidence that it prevents accidents and injuries, and thus benefits the nation.
If it achieves this, then every penny and every hour spent on enforcement is worth while: but let the burden be shared fairly throughout the wider Community of which we are now part.