Ban fight in court
Page 7
If you've noticed an error in this article please click here to report it so we can fix it.
Representatives of the ransport industry fighting the nandatory fitting of air brake ilencers by the London loroughs Transport Commitee went to the High Court his week for the long-awaited udicial Review.
The two-day hearing before ..ord Chief Justice Watkins and ustice Hutchinson, will considtr if the LBTC was acting vithin its powers when it inisted on air brake silencers as i condition of exemption.
Anthony Lester QC, repreienting the Freight Transport kssociation, the Road Haulage kssociation, the Society of V1otor Manufacturers, and five operators (Mayhew, Wincanton Distribution Services, Reed Transport, Conoco, and Cox Plant Hire) had been expected to argue that air brake silencers are dangerous.
However, FTA directorgeneral Gary Turvey says it was decided not to use this argument following the failure to win an injunction against the fitting of air brake silencers in April, pending the judicial Review. Instead, the transport industry will argue that the LBTC is prohibiting or restricting the sale or registration of trucks, thereby contravening European Commission braking directive 81:334 Article 2A.
Turvey says that if the industry loses this case it could have major repercussions for EC vehicle harmonisation as standards could be undermined by local authorities imposing additional requirements.
So far, the RHA and FTA estimate they have spent up to 2500,000 in their 10-year battle against the ban.