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roo much weight and
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Page 22
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moke: but too few !xaminers, report LAs
7114 reporter
Too much weight, too much smoke, too few examiners and in many fines from magistrates which are not considered severe enough, er as penalties in themselves or as a deterrent, are the main points ch emerge from the Annual Reports from the 11 Licensing Authorities ering the period October 1, 1971, to September 30, 1972.
Ine surprising fact is revealed — that is the apparent reduction in the number perators applying for renewal of their licences.
-1 other respects, however, the es hold no surprises. As in previous rts since implementation of the TransAct 1968 criticism is made of the of objections made to applications. total number of objections during year was only 11 — against a total 3,569 applications.
he Western LA, at the time Mr J. R. C. uel-Gibbon, has even questioned the fication in publishing Application and sions as "few of the authorized ;tors take the .publication and most :fore have no knowledge of the [cations received".
uring the period two additional aids iforcement were brought into operation: Foreign Vehicles Act 1972 and Section ) of the Road Traffic Act 1972 enabling rcement staff to prohibit the use of estic vehicles while they are dangerously -loaded. The appendices have been ided this year with the addition of tables which now show the number of licenced vehicles in each traffic area and also a breakdown of penalties imposed on operators under Section 69.
"Nominal" fines The Northern LA, Mr J. A. T. Hanlon, is concerned at "contemptuous or nominal" fines imposed by some magistrates in his area although he adds that where the police have informed him of convictions of drivers or operators the question of suspension or disqualification of the licence is always considered in relevant cases.
There were three objections, all from the RHA, during the year in the Northern area and all were on the grounds of insufficient finance. The total number of vehicles examined rose from the 1971 figure of 11,000 to 15,000 in 1972 and although the examinations show an improvement in the maintenance of vehicles over 30cwt, the standard of vehicles below this weight and of those of all weights maintained by commercial garages left "much to be desired". An increase of 152 per cent in the incidences of refusal to clear prohibitions was disappointing.
Standards up
In the Yorkshire traffic area it appears that some 10 per cent .of existing licence holders are not renewing their licences. The fact that it was considered necessary only to call a small percentage of renewal applicants to public inquiry suggests that standards have generally improved since the start of operators' licensing.
No objections to applications had been received during the year, the Yorkshire LA, Sir John Potter, points out. In the case of new applicants the LA has been favourably impressed with the way in which they have prepared themselves for entry into the transport industry. Two licences involving eight vehicles and two trailers were revoked during the year. One operator was disqualified from holding an operator's licence for two years.
The effectiveness of enforcement, complains the Yorkshire LA, has been limited by the number of examiners available although some 33,000 vehicles and their drivers were seen by traffic examiners in the course of 380 roadside checks; 379 vehicles, of a total of 1120 examined, were found to be overloaded, although the LA draws attention to the considerable experience of examiners in the detection of overloaded vehicles, not sending for examination those vehicles, representing the vast majority, which appear to be in order.
Action on excessive smoke emission and noise has been stepped up which has resulted in 201 prohibition notices for smoke and 12 prosecutions, all pending, for excessive noise.
The North Western LA, Mr C. R. Hodgson, also draws attention to reduction in the number of licences not being renewed -in the North West's case 25 per cent. Only one objection was received, from the police, and this was subsequently withdrawn. Smoke emission checks were carried out at all roadside examinations and in addition 11 checks were held specifically for excessive smoke.
In contrast to the Northern LA's report the North Western LA is gratified that local courts are imposing more realistic penalties for overloading and hours /records offences.
The fact that in the West Midland traffic area no objection has been made to applications since the introduction of operators' licensing points, in the opinion of the West Midland LA, Mr R. R. Jackson, to the necessity for a change in the objection procedure.
A total of 3,319 applications were published in Applications and Decisions last year, the West Midland LA points out. Altogether 178 Section 69 cases were considered and 52 licences, involving 86 vehicles and six trailers were revoked.
A reduction in the number of immediate and delayed GV9s is noted, The LA also notes that smoke checks appeared to have little impact, the proportion of "smokers" over the years remaining much the same.
Another LA to point out that the number of objections were "practically non-existent" was the East Midland LA, Mr C. M. Sheridan. Only two objections were made, he says, and both these were from the RHA. A reduction in the number of prohibitions is noted. During participation in the national "silent" smoke-check in the spring of last year 17.9 per cent of vehicles over 30cwt were seen to be emitting excessive smoke.
Of 4,327 vehicles check weighed convictions resulted in respect of 1090 overloading offences.
Concerning hgv driving tests the East Midland LA notes that 40 per cent failed.
Similarly to other licensing authorities the Eastern LA states that a number of operators have ceased to operate and there is some evidence to show that many have not surrendered their licences.
The Eastern LA, Mr H. E. Robson', also points out that the failure of objectors to make use of the provisions of the Act weakens the safeguards of the Act — only one objection, from the police, was recorded and in fact the application concerned was withdrawn.
Warning letters
Six licences covering 23 vehicles were revoked. The average fine for offences has not increased in the Eastern area although the total sum by way of fines has increased by some 40 per cent because of the increase in the number of convictions. The average fine for overloading was still only £11 — although the LA notes that there were isolated fines of £ 1 oo to £150. The shortage of weighbridge sites is also criticized. Nine foreign vehicles were prohibited on entry to East Coast ports and warning letters issued to 55 drivers.
Some 80 vehicles of 1250 checked in the Eastern area were issued with prohibition notices because of excessive smoke.
Only 396 operators in the South Wales traffic area whose licences became due for renewal applied out of a possible total of 439.
The South Wales LA, Mr Jackson (who is also the West Midland LA), revoked five licences during 75 public inquiries and no objections were received against any application during the year. Prohibitions for excessive smoke totalled 149 out of 227 vehicles stopped. An increase in the size of magistrates' fines is noted — particularly for overloading offences, which should the LA states prove a much greater deterrent.
The number of new applicants in the Western traffic area decreased by onethird during the year although, says the LA, the decrease was more than offset by the increase in the number of applications for renewal from former transitional licence holders.
No objections were lodged in the Western area and the LA, Mr Samuel-Gibbon questions the need for the publication of Applications and Decisions — there were 181 subscribers at the end of the year compared with 236 for the previous year and 450 in 1969. Few of these entitled to object are subscribers to A and Ds and therefore have no knowledge of applications received.
Revocation occurred in 11 cases of 61 operators considered under Section 69.
The slight use of the objection procedure was noted by the South Eastern LA, MajGen A. F. J. Elmslie, although the police have supplied conviction details. A total of 12,402 vehicles were examined at the roadside and of these 271 attracted immediate GV9s — a slight decrease compared with the previous year. The indications are, however, that there has been little change in the general standard of maintenance and, says the LA, there is still much to be done to raise the standard to acceptable level. The emission of smoke has increased, despite guidance for operators from the DoE. The level for workmanship in the repair industry is also criticized and operators have been badly let down owing
in many cases to the lack of staff. There was a 12 per cent increase in the number of overloading offences although the number of weighbridges at the docks is considered to be "quite inadequate".
The two main points raised by the Metropolitan LA are the substantial number of licence holders not making application for renewal and the "almost complete absence of objection" against applications. Only 75 per cent of operators elegible fot licence renewal have returned application forms sent to them by the LA's office.
The Metropolitan LA, Mr D. I. R. Muir, points out that only one bench of magistrates has seen fit to increase penaltim during the year. Penalties imposed in 14f cases of overloading varied from £15 tc £100. The experimental use of a mobil( weighbridge is being made in the area.
Smoke checks are now made as a mattei of routine on all vehicle checks in tilt Metropolitan area, but during six specia checks in the year three immediate and Sit delayed GV9s were issued for excessivi smoke. An overall reduction in the numbei of inspections carried out is blamed sole13 on a lack of staff.
Like the other Licensing Authorities till Scottish LA notes that many liceno holders failed to make application fo renewal — most it, seemed have gone ou of business. Only one objection to a] application was made. The LA, Mr A. B Birnie; states that there is a continuin improvement in goods vehicle conditioi with a reduction in the number of pro hibitions issued. The problem of smok appears to be beyond the control of man operators despite their earnest efforts t control it.
Copies of the reports may be obtained fre of charge from the Department of the Enviror ment, Freight Control Division, Room S16124 2 Marsham Street, London SW1 3EB. stamped addressed envelope, measuring at lea: 13in. by 9in. should be enclosed with eac application.