Tribunal's house rules
Page 13
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Administrative centre can be 0-licence base
THE Transport Tribunal has ruled that a haulier's administrative centre can be given as its operating base in an 0licence application. Furthermore, there are no grounds for the licence to be refused even if the address given is a private dwelling-house with no facilities for vehicles to be kept there.
This decision was given on appeals by the Road Haulage Association against the grant of three licences by the North Western LA to Cash and McCall, S. and B. Transport and J. Shepherd. The appeals were heard on January 27 (CM January 30).
The RHA has based its appeal on the fact that the operating centres named were private dwelling-houses and that there were no proper facilities there for dealing with vehicles. This was alleged to be in contravention of the Section 64(2) (d) of the Transport Act 1968 as amended by the Road Traffic Act 1974 which requires that the LA satisfy himself that the operating centre for the vehicles is suitable for the purpose.
However, in none of the cases were the vehicles to be kept and dealt with at the administrative centre and it was stated that none would ever appear there.
The RHA's appeal, therefore, stated that the LA should either have refused the licences. because the operating centre had not been shown or insisted that the place at which the vehicles were to be kept and dealt with was given as the operating centre.
The Tribunal took the view that the operating centre could be defined as "the place from which an operator gives his orders which govern the manner in which goods are to be carried by his vehicles on the road." In that case, the private addresses given were accepted as the operators' operating centres despite the fact that no vehicle was ever intended to go there.
It was no part of the LA's duties to adjudicate on the suitability of a private dwellinghouse as the operating centre of an operator in environmental terms, said the Tribunal. That was a function for the Planning Authority of the relevant district.
He might, however, consider the suitability of the premises as an operating centre in rela tion to the number of vehicles on the licence and the staff which might have to be employed to deal with the business. An allotment shed without heating and lighting or sanitation would probably not be suitable nor would a two-up, two-down cottage be acceptable as an operating base for a fleet of 100 vehicles.
The three appeals were, therefore, dismissed.