Tribunal gives operator extra 500kg
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ALI-HOUGH a Licensing Authority's action at a public inquiry made a Rochdale haulier breach weight restrictions, the Transport Tribunal has only allowed its appeal to a very limited extent.
North Western LA Roy Hutchings granted a licence for J. Cryer and Sons' depot on the Paragon Industrial Estate, Littleborough, Rochdale at a public inquiry, but residents' pressure led to his imposing conditions.
Cryer's counsel, Patrick Field, argued to the tribunal that the LA's decision that its vehicles could not exceed 16 tonnes GVW immediately put two vehicles in breach by a quarter of a tonne. Tribunal president Judge Inskip allowed the limit to be raised by half a tonne, to 16.5 GVW, but he insisted that the other condition Cryer had appealed against — oii restricted working hours — should remain.
Field had argued that the LA had imposed the conditions but the evidence had not justified them.
He said that the LA had been under the misapprehension that Cryer had been operating four vehicles and wished to increase the fleet to six. In fact, on Cryer's previous interim licence, six vehicles had been specified.
He also stated: "The addi
tion of one vehicle pales into insignificance, for it is clear that the industrial site is already being used by other companies and other vehicles visiting J. Cryer and Sons."
Field also argued that the LA placed maintenance and movement restrictions while not understanding the nature of Cryer's business.
But the tribunal said that the LA was wrong to order Cryer to apply for an operator's licence as a car park is frequently used for overnight parking.
An operator's licence is only needed if the vehicles are classified as "normally" not regularly parked there.