Council escapes LA through a loophole
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• South Wales Licensing Authority John Mervyn Pugh has hit out at a gap in the legislation that left him powerless to take action over the condition of vehicles used under contract-hire by Owgwr Borough Council's direct labour organisation.
The council had been called to a disciplinary inquiry in Cardiff following the issue of a number of prohibition notices.
For the council, Norman Lloyd-Edwards said that only one delayed prohibition notice had been issued in respect of the 10 tippers specified on the council's licence. Two further prohibitions, including one immediate, related to 13 refuse collection vehicles which were exempt from the operator licensing regulations. The other prohibitions had all been for contract-hire vehicles which were used by the council's direct labour organisation.
Mervyn Pugh commented that it seemed to him that the council had relied too much on others over the maintenance of vehicles not on its licence.
Lloyd Edwards had said that firm positive action had been taken, but Gerald Stephens said he had been appointed to look after the inspection of the direct labour vehicles in May. He agreed that there had not been very much control in the past.
Commenting that it was "grossly unfair", Mervyn Pugh said that he was restricted from taking any action. He believed that all operators should be dealt with in the same way and warned that should the council again appear before him because of defects that constituted a danger to the public, he would have no hesitation in revoking its licence.