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Guild backs its request for TMLs

26th March 1971, Page 28
26th March 1971
Page 28
Page 28, 26th March 1971 — Guild backs its request for TMLs
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Which of the following most accurately describes the problem?

Keywords : The Guild

• The National Guild of Transport Managers has responded vigorously to Mr John Peyton, Minister for Transport Industries, who had asked for further information on the need for statutory transport manager registration.

The Guild says that if the "adequate disciplinary powers" of the Licensing Authorities are those they are empowered to enforce when proof is provided of an operator's shortcomings, then no further legislation is called for. But as most holders of 0-licences are companies, that is groups of people, it is not always easy to attribute blame to them collectively.

Recently reported cases suggest that there will be an increasing tendency for a defence to be made out by attributing failure to comply with the conditions of an operator's licence to an individual. "It would be pleaded that the 'offender' had been dismissed/replaced /relieved and the only evidence before the LA as to the degree of his personal culpability would be from the operator. The individual could not be called as a witness to refute any allegations made against his integrity and/or efficiency and without any legal protection he would probably be reluctant to appear voluntarily, even if he was aware of the hearing."

• The Guild says that such a defensive device would only be attempted by an unscrupulous operator but it was such people "making use of a vulnerable transport manager" who created a threat to road safety. Normally efficient and honourable operators finding themselves before an LA for breach of conditions would not use this sort of "excuse".

Following a strong hint that the few "examples" now brought before the courts by enforcement officers are representative of many more daily transgressions which are undetected, the Guild suggests that registration of transport managers would greatly alleviate the problem, ensuring that most transport managers performed their duties with a greater degree of pride, efficiency and diligence. This would also provide invaluable liaison between LAs and transport managers.

Sample surveys show that 99 per cent of Guild members, mostly responsible for 10to 100-vehicle fleets favour statutory registration. The failure to cultivate the seeds of professionalism and responsibility sown in the industry and within management in particular during the last two years is deprecated.

The Guild concludes by saying that now is the appropriate time for legislation but that, if the Minister disagrees, the provisions of Section 65 of the Transport Act 1968 should be retained. A further meeting with the Minister is requested.


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