Grounds for objection
Page 41
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• What purpose is served by objectors to an application? I have often posed this question when sitting through hours of dreary evidence at a public inquiry. If the objection was made to gain part of the applicant's traffic it was almost invariably made in vain. In fact, an objection could prove embarrassing to the objector land recall one occasion in particular when it did. Private hauliers, in an effort to show continuing spare capacity, produced a schedule as evidence when opposing British Railways in Aberdeen. Mr. D. Brown, representing BR, accepted the evidence and then asked the operators whether, if BR was successful, would they surrender the spare capacity!
This has always been a danger under the existing system: a danger which will disappear if Section 60 of the Transport Bill becomes law.
The real benefit of objections has always been that under cross-examination on behalf of the objectors the applicants furnish the LA with much information which, although not required by law, assists him in his deliberations. While in future the proof of spare capacity will no longer be the basis of an objection, the list of competent objections will provide the LA with much more information.
The type of objector will also change under the proposed legislation. In CM, March 15,1 detailed these types which, generally speaking, fall into four categories: Trade unions, trade associations, a chief of police, and a local authority.
Section 60 of the new Bill states what the LA must take into account when considering an application for an operator's licence. It is on these points that objection can be made.
The first consideration is whether the applicant is a fit person to hold an operator's licence. In this connection the applicant's previous conduct in relation to the operation of vehicles will be considered. This does not apply only to the person signing the application but also to the directors or partners— who will require to be named in the application.
For this purpose the LA can refer to the enforcement section records and his *lectors can also make points not necessarily related to enforcement. Uneconomic rates and illegal but undetected operation are two points which might well be the basis of an objection.
The applicant must also show that he has a licensed transport manager operating his Fleet. Here again the LA's records should show whether or not the person named is so licensed. The objectors may be able to submit proof that the person named does not have the qualification for the licence he holds or that he is not in fact the person responsible for the operation or maintenance of the fleet.
These points may be considered extreme but the objectors do have this scope. In fact they could choose to prove that the person engaged as transport • manager and so licensed does not have the authority to support his responsibility; such objections could be made by associations or trade unions on behalf of their members.
It is also necessary for the LA to be satisfied that there is adequate provision for records of drivers' hours to be maintained. This again he can do by using his enforcement section. Together with this he will want to be sure that vehicles are not being overloaded. The enforcement section can, of course, speak historically, but what of an application for an operation which is entirely new?
Take the case of shipside loading or quarried materials. In the first case weighbridges are normally located at dock gates where surplus material cannot be unloaded and in the second the nearest weighbridge may be miles away. An objector might need only to prove that the applicant had no means of avoiding this to stop the entire operation—and cause chaos.
Unfit vehicles have long since been a concern of LAs, and GV9 has become almost a household phrase in haulage circles. It is, therefore, not surprising that the Bill has included a requirement for adequate facilities to ensure that vehicles are kept in a fit and serviceable condition.
Operators with their own servicing arrangements see no problems here. Those with inadequate facilities are already planning to have vehicles serviced under contract. But these arrangements may not be entirely satisfactorily in themsehies.
To keep a vehicle in la fit and serviceable condition does not only mean that it must be maintained to the manufacturer's recommendations. If the vehicle is regularly parked overnight at insecure premises or in the street, the objectors may seek to prove that the facilities for parking are inadequate to ensure that the vehicles are not affected by the atmosphere or vandalism.
The final basis for objection is an applicant's financial resources, although proof in this case could be difficult. The LA, if he is not satisfied, has the services of an assessor on call. It may be that objectors could seek to prove that a job had been underpriced and that the applicant by having done so had insufficient revenue to meet his commitments. This objection would be referred to the assessor.
Section 60 leaves little latitude to the LA, since he is directed to refuse the application if he is not satisfied on any of the requirements which he has considered. In all other cases a grant will be made.
There is no guarantee that a licence will be granted as applied for, however. If the LA is satisfied on all counts he must grant—but may modify the grant by attaching conditions.
These conditions may have the effect of altering the capacity of the vehicles. For instance, if he considers the vehicle to be inadequate for the work proposed to be done, the LA may direct that a heavier type of vehicle be used. For different reasons he may reduce the capacity of the vehicle proposed to be used.
It is also within his power to refuse authority to add to a licence, vehicles to be acquired by the applicant. Those traders and manufacturers who are considering backloading their own-account vehicles should proceed with caution; the LA can attach a condition to prohibit this.
To summarize; objection to an application for an operator's licence will no longer be made on grounds of an existing service or spare capacity. Grounds will now be: past conduct; the qualification of the transport manager, records and overloading offences; servicing maintenance and garaging arrangements; and financial resources. If the LA is satisfied on all counts he will make a grant either as applied for or with conditions. These conditions may alter the type of vehicle proposed to be used, preclude the addition of acquired vehicles or limit the use to ownaccount. In considering the financial positi on, an assessor may be used.
The next article in this series will deal with Clause 61, which deals with transport manager's licences.