ovement limits to stay
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Kent international haulier John Smith has lost his appeal against a limit on the number of vehicle movements into and out of his operating centre each day.
In July 1997 Smith, who trades as Smith International, was granted authority to base 10 vehicles and 10 trailers at Lamberhurst Farm, Faversham, with conditions limiting the hours of operation, vehicle maintenance and vehicle movements.
He initially appealed to the Transport Tribunal on the grounds that the condition relating to the number of vehicle movements was unlawful. The Tribunal said it saw the condi tions as a package, so if the appeal was successful it would probably ask the Traffic Commissioner to reconsider the case. That appeal was then withdrawn and Smith applied to the TC to remove the hours and movements conditions.
TC Brigadier Michael Turner refused to vary the hours but said that in place of the movements limits he would accept an an increase of two extra movements a day. Smith then made a written undertaking limiting vehicle movements in or out of Lamberhurst Farm to six a day.
The TC's decision was appealed on the grounds that it was perverse and was not reasonable in light of the facts or
the case and the law involved.
Before the Tribunal, Smith said he was not concerned about the hours condition. His complaint was that the restriction on vehicle movement was too severe. There were many vehicle movements in the vicinity of Lamberburst Farm as there was an industrial estate nearby Dismissing the appeal, the Tribunal said that at each inquiry the TC had accepted Smith's evidence about the number of daily vehicle movements. The conditions had to be viewed as a whole and the TC had been right to reject the attempt to pick and choose from them. The TC's decision had been impeccable.