A DELICATE BALANCE
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It is unusual for Traffic Area Offices to comment on reports of decisions made by Traffic Commissioners, but the coverage in CM 11-17 February about the CJ Burgess case needs clarification. Unfortunately, what was said is misleading.
This was a case where the Traffic Commissioner was carrying out a five-year review of an operating centre. At the conclusion of the Public Inquiry the Traffic Commissioner decided that the evidence, taken on balance, justified his considering imposing certain timing conditions. He wrote an initial letter to the operator proposing these, but adding that the 1995 Act required him to give the operator a chance to make a special representation to the Commissioner about the effect such conditions would have on the business. Under that act he is required to give that representation special consideration.
CJ Burgess was invited to send in that written case—which is exactly what it did.
Its neighbours were asked to make any balancing comments.
The Commissioner then considered both submissions, as he is required to do by law, before
reaching a conclusion, After serious consideration he concluded that timing conditions would not be imposed because of the serious effect it would have on the business. There was only one decision—and no change of mind.
However, this case does underline the importance of operators taking up the opportunity given to them to make that special consideration and to be prepared to fully justify their comments.
I should also add that letters from customers are, and indeed were in this instance, taken into account as they added material evidence to the case. Other letters, which added nothing, were not.
I hope that this clarifies the position and demonstrates clearly the delicate balancing process that the Traffic Commissioner has to make before making his decision.
CM Clarke, Administrative director, South Eastern and Metropolitan Traffic Area, Eastbourne, East Sussex,