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THE CORRECT WAY T( APPLY FOR AN 0 LICENCE
Operators' licensing has settled into a pattern. Both new and established operators need to know what the Licensing Authorities are now demanding
CONTRARY to popular belief, obtaining an operator's licence is not merely a matter of form. It is true that applications are not attracting objections in vast numbers, and indeed it seems that the only really active objectors are the local authorities in some traffic areas, normally on the grounds that the base named in the application form is in a residential area. (They assume, often quite wrongly, that the vehicles are to be serviced and repaired on the public highway.) What chances, then, has a new applicant of gaining a licence? And what calibre of applicant is proving successful? After contacting most of the traffic area offices I have concluded that nine out of ten serious applicants are getting licences; and that, as a result of the Licensing Authorities' own searching enquiries, the recipients are people well able to meet the criteria laid down in section 64(2) of the Transport Act 1968.
Of the newcomers who apply for an 0 licence, about eight in 10 are granted their licences in chambers — without public inquiry after having satisfied the Licensing Authority of their fitness, through first satisfying the inspectors who have been described as "the eyes and ears of the LA".
Only about 10 per cent of new applicants are called to public inquiry to substantiate their applications. (Of the total of 20,000-p1us who apply for an 0 licence annually, rather more than 10 per cent fail to pursue their application or are refused.) The existing holder of an 0 licence faces a more difficult task in having it renewed than is faced by a newcomer seeking a licence. The holder of a licence is "on file" at the traffic area office and the LA asks his enforcement officers the seemingly ominous• question "Anything known?".
Reference is then made to the operator's file where are recorded any offences and convictions relating to overloading, drivers' hours and records, speeding, parking, the use of rebated fuel, excise licence or driving licence and, of course, prohibition notices. After consideration of the contents of the file the LA may well ask his inspector to visit the operator to make a fleet inspection. If, after all this, the LA is still not satisfied the operator will be called to a public inquiry.
During his visit the inspector will want to see the vehicles, examine the maintenance and drivers' hours records and any other documents relating to drivers' hours, and generally to ensure that the original statement of intent is being fulfilled. Provided he is satisfied with the inspector's report, the Licensing Authority will grant the licence without further ado. If any doubt remains in his mind the applicant will be invited to public inquiry.
What newcomers face New applicants will find the pre-inquiry procedure slightly different but, like all other applicants, they must apply for the 0 licence nine weeks before they require it, thus giving the LA the opportunity to examine the application, the applicant and the facilities and thereafter to decide whether a public inquiry is necessary, Unlike those who already hold a licence, new applicants do not have a record but they are nevertheless subjected to the Most searching inquiry. In each traffic area the method of collecting the information differs but the end result is the same.
The main consideration of the LA'
on receipt of an application for a n licence is one of fitness, which appl to the applicant, his facilities s his financial resources. The LA is I concerned with the market situatil supply and demand of transport not his business. He is concern however, that the applicant will hi sufficient financial resources support the vehicles he intends operate.
The application is made on fo GV79 which contains 26 questic and amounts to a statement of int signed by the applicant. These for are obtainable at the local traffic a office of the DoE (whose addres will be published next week in t series).
Questions 1, 2 and 3 are straig forward enough and deal with names and addresses of the applic and his firm. The fourth quest deals with holding companies, s smaller companies may be inch!' to dismiss it as "not applicabl Another look at this question advisable.
It may be that the applicant I acquired at some time previou another small business alrea operating vehicles. He may now w to include these vehicles, on operator's licence and this can done provided both bases are wit the same traffic area. In th circumstances the name of subsidiary companies should entered against question 4. Operat are often undecided about the wisd of putting all their operating eggs one basket, and later we will it closer at the implication of doing s< The past connections Questions 5 and 6 ask applicant to state whether he, partner or fellow directors have ha connection with operating go
ehicles in the past. If so, then he tust state with whom, when and in 'hat capacity they were connected. At a time when all licence pplications nationally are running at bout 1,500 per month there are any newcomers seeking the ssistance of experienced transport ten, either as partners or directors. efore naming such people the pplicant should make a searching iquiry to ensure that his colleague oes not have a record of transport ['fences. He may be a very excellent usiness associate but if there is a lemish on his character as a .ansport man the application could
e refused. It may be a little inbarrassing to question an intended artner or fellow director in this Dnnection but it will prove more mbarrassing if at a later date the LA nearths a skeleton in the boardroom upboard.
lew depot To return to the parent company ole for a moment, if the applicant is tarting a new depot in A new traffic rea the LA will want details of any cences held in_ other traffic areas. Thviously this is to guard against an iperator who has had his licence evoked in one area applying for a cence in another traffic area.
Because it is no longer necessary
o prove "need", there is a great emptation for applicants to ask for nany more vehicles to be authorized on their licence than they require or an support. The application form sks how many vehicles are already 11 possession and how many have to le acquired. The wise applicant will neasure carefully the number of chicks he requires and add about 10 Per cent as a niargin to allow for xpansion. He should be able to wove that he can support the number te seeks to have authorized. At the ame time it will be sensible to wait tntil the licence is granted before tequiring the vehicles. The LA's lecision should not be anticipated.
If, however, because of financial xpediency, vehicles are acquired before the licence is granted they hould be serviced and prepared for he examiner's visit which will tndoubtedly follow receipt of any tpplication showing vehicles in Possession. This is common practice a every traffic area.
Rather than buying vehicles before he grant, applicants should acquire m operating base and maintenance nd repair facilities. Whereas vehicles epreciate as soon as they are purchased land appreciates and can e sold more easily than vehicles if he application is refused.
A point to bear in mind when ompleting the form is that legal
minds make a practice of asking the same or closely related questions at intervals separated by unrelated questions. This gives the interrogator the opportunity to double check the original answer. The GV79 is a product of legal minds. Having left the subject of partners or,directors back at question 6 the application form takes up the theme again at question 15. Here the applicant is asked whether the partners or directors have been convicted of offences relating to roadworthiness, overloading, drivers' hours and records during the previous five years. It goes on to require details of these convictions.
The application form then turns its attention to 10 questions covering the statement of intent. Most of them require a straightforward yes or no answer and nothing should be added to qualify these answers. The first question deals with drivers' hours and seeks assurance that the applicant will make proper arrangements for ensuring that Part VI of the Transport Act 1968 will be complied with. The question presupposes that the applicant is conversant with the contents of Part VI. There is evidence to show that some applicants do not know of its existence. It is therefore absolutely essential before meeting either the inspector or the Licensing Authority that applicants should obtain the booklet G12 from the Department of the Environment which is a guide to Part VI of the Act written in laymen's language. Having read it, the applicant should consider how he would take steps to see that driving and working hours were not exceeded.
Overloading The next question deals with overloading and asks whether the applicant will make proper arrangements for ensuring that the authorized vehicles are not overloaded. Once again the question demands only a straightforward yes or no, and the natural reaction is to answer yes. Before doing so, however, applicants should be aware of the implications of the answer and, again, ask themselves how can they give such an assurance — because this is a question likely to be posed to them by the LA's inspector.
One way is to obtain the Guide to Maximum Legal Weights and Dimensions of Goods Vehicles, published by Commercial Motor and to ensure that every driver is conversant with it. The operator and drivers should also be aware of the carrying capacity of their vehicles and the applicant should be able to assure the inspector that, where weights could be in doubt„.velicles
will be directed to the nearest weighbridge when they are loaded.
The remaining questions deal with vehicle maintenance, the first seeking assurance that facilities and arrangements for inspecting and niaintaining the vehicles will be kept in a fit and serviceable condition. The Licensing Authority also wants to know that arrangements will be made so that drivers can report defects which come to their notice. But the detection of defects must not be left to drivers, because the application form also asks if inspections for defects will be carried out at regular intervals of time or mileage.
Inspections The LA is also concerned to know who will be carrying out the inspections — whether it is the applicant's employees, an agent or a garage. If labour other than direct labour has to be employed then the name and address of the garage or agent is required.
The LA's inspectors do not have the power to enter and inspect commercial motor trade garages in connection with 0 licence applications in the way that they can enter the applicant's premises. But the LAs ask that where a written maintenance contract exists with a garage or agent, a copy should be attached to the application form. Very obviously, if a small local garage undertakes the maintenance of a number of vehicles beyond its known capacity then the inspector will advise the Licensing Authority of the situation.
It has been appreciated when compiling the form that the base is not necessarily the place where operators who are using direct labour will maintain their vehicles and so the applicant is required to state where his maintenance facilities are located. This is to give the inspector the opportunity to examine the facilities before the licence application is considered. Whereas earlier in the application form the applicant has stated that he will arrange for defect inspections to be carried out at regular intervals of time or mileage, he is also required to declare that he will arrange for the defects to be rectified so that the vehicles are kept in a fit and serviceable condition.
As if to underline the fact that it is the operator and no one else who is
responsible for the maintenance and
repair of the vehicles, the last question requires the applicant to give a categoric yes or no to the effect that he understands that, irrespective of who carries out the inspection and maintenance, he, the applicant, will keep records of all defects and repairs and preserve them for at least 15 months.