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Jim Duckworth, editor of Kitchin's Road Transport Law and head

4th February 1993
Page 27
Page 27, 4th February 1993 — Jim Duckworth, editor of Kitchin's Road Transport Law and head
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Which of the following most accurately describes the problem?

of Transport Law Services, Woking, Surrey, helps solve your legal problems in this monthly column. Council objections After I had applied for an Operator's Licence I received a copy of a letter the parish council had written to the Licensing Authority objecting to my parking place because it did not fit in with the scenery. I also received a copy of a letter the district council had sent to the LA which said it was objecting on environmental grounds. It did not say what they were.

I have to attend a public inquiry where these objections are going to be considered. How should I deal with them ?

A Though two councils have opposed your application their legal standing is quite different. In Operators' Licensing law the words "objector" and "objection" have a particular meaning and are confined to bodies within Section 63 of the Transport Act 1968.

They include local authorities and planning authorities but do not include parish councils. But a parish council can make a representation, on environmental grounds, against the grant of a licence if it owns or occupies land in the vicinity of the operating centre, providing any adverse effects on the environment arising from the use of the operating centre are capable of prejudicially affecting the use or enjoyment of the land. Generally, parish councils do not own or occupy land near operating centres so they cannot make valid representations.

You should make inquiries as to what land the parish council owns or occupies in the vicinity If it does not meet the criteria you should raise the matter at the inquiry before anyone from the parish council has chance to speak, and submit to the LA that the parish council's representation is invalid. As the district council does not appear to have given particulars of the reasons for its objection you should also tell the LA that the objection is invalid. In relation to an environmental objection or representation, Section 69G(1) of the Transport Act states that it must "contain particulars of any matters alleged by the person making the objection to be relevant to the determination of the Licensing Authority".

Referring to Section 69G(1), the Transport Tribunal in Surrey Heath Borough Council vs NFT Distribution Ltd, Appea11985/W17 said "Both Sections 63(4) and 69(G(1) provide that the objection should contain 'particulars'. The purpose of this is clearly that both the LA and the applicant shall be fully aware of the specific grounds on which the objection is made. The original objection must be sufficiently detailed for this purpose, though this need not preclude its being further elaborated at a later date.

However, the Surrey County Council's objection 'on environmental grounds' clearly did not contain sufficient particulars to meet the requirements of Section 69G(1), and it was therefore not 'duly made'."

In your case neither the Licensing Authority nor you knows the specific grounds on which the objection was made.

EC authorisation.

We hold an international operator's licence and have been issued with the new community authorisations to replace journey permits to EC countries. Does the law which dealt with journey permits now apply to these authorisations ? If not, is there any law dealing with them ? New rules have been made to govern the issue and use of these authorisations and they are contained in the Goods Vehicles (Community Authorisations) Regulations 1992 which came into operation on January 1 this year. An authorisation is required for any international carriage by a goods vehicle registered in an EC country on a journey (a) between member states, (b) from a member state to or from a non-member country (c) between nonmember countries but which transit a member state and (d) by an unladen vehicle in connection with the above journeys.

Unlike journey permits—to which there was no legal right—the regulations state that the holder of an international 0-licence is entitled to be issued with a Community authorisation.

In Great Britain they are issued by the Traffic Commissioner who issued the Operator's Licence and, in Northern Ireland, by the Department of the Environment. An authorisation must be withdrawn if the operator is no longer established in Great Britain or Northern Ireland; is no longer entitled to hold an international Operator's Licence; or has supplied incorrect information to obtain the authorisation. A certified true copy of the authorisation must be carried in the vehicle and be produced to police and traffic examiners.

One effect of the change from journey permits and EC permit books to authorisations is that the International Road Haulage Permits Act 1975 no longer applies to journeys by UK vehicles to other EC countries.


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