Technical KO hits
Page 6
If you've noticed an error in this article please click here to report it so we can fix it.
• Another round in the fight between the transport industry and the London Boroughs Transport Committee seems certain following the victory of the FTA and the RI-IA in the Court of Appeal on Tuesday. The three High Court judges unanimously agreed that the LBTC had exceeded its powers in its interpretation of the London lorry ban which affects around 40,000 trucks.
The LBTC required operators to fit air brake silencers even though this exceeded Construction and Use Regulations. In their judgement the appeal judges said: "It is clear beyond argument that European Community law precludes any attempt to prevent the use of a vehicle which satisfies the requirements of the relevant EC regulations." However, counsel for the LBTC asked for leave to take the matter further.
Requests for the case to be referred direct to the House of
Lords were refused by Lord Justice Neill, Lord Justice Staughton and Sir Roger Omrod.
The LBTC now has until October to make its own apPlication to the House of Lords.
Both the RI-IA and the ETA are delighted by the results. Don McIntyre, head of roads and traffic at the FTA, says: "We won two nil in the High Court and three nil in the Court of Appeal. We have comprehensively won the argument that local authorities do not have the authority to enforce spurious technical alterations to vehicles."
Tim Inman, director of operations at the RHA, says that on each occasion costs have been awarded against the LBTC: "We are in the process of recovering our legal costs which are substantial."
In deciding whether to continue its legal battle the LBTC will have to consider the costs to London community charge payers of any further appeal. McIntyre says: "The FTA will want the Department of Transport to amend the Road Traffic Regulations Act so local authorities can only enforce traffic regulations by weight and dimension, but not on technical matters." The FTA will be seeking urgent talks with the DTp to discuss such an amendment.
Since last summer's High Court hearing the LBTC has issued only seven-month permits to those trucks not fitted with air brake silencers. Fouryear permits are issued to trucks with silencers.
The Appeal Court judges gave the trade associations leave to appeal if the LBTC continues to impose technical conditions.
The counsel for the LBTC has not ruled out taking the case to the European Court if it is unsuccessful in any appeal to the House of Lords.