Threat to revoke protesters' licences too late for deadline
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• by Mites Brignall Legislation that would allow Traffic Commissioners to revoke Operator's Licences held by hauliers mounting blockades of oil refineries will not he in place before the New Year--well after the 60day deadline.
Two weeks ago the Government stepped up its war of words against fuel protesters by threatening to use revocation as a weapon in any future blockades.
But earlier this week a spokesman for the Department of Transport played down the threat, saying that it was difficult to see how such action could be justified against a haulier "sitting in a deckchaiP outside a refinery with his vehicle safely parked out of the way".
"At the moment the only person who can take an 0-licence away is the Traffic Commissioner" the spokesman added. "To change that will require legislation to go through Parliament."
It is not yet clear if the Government really plans to change the 0-licensing regulations as a way to move against protesters. A Cabinet Office spokeswoman will only say that ministers are examining "a variety of options". But she admits that even if they did go ahead, any changes to legislation could not happen this year.
Transport lawyer Gary Hodgson of Leeds-based solicitors Ford & Warren reports that several drivers have received summonses following the recent protests.
"They are mainly for Protesters: Beady to return.
driving without due care and attention and I think they will be defended on the basis that most of the protests were escorted by police patrol cars," says Hodgson. It will be up to magistrates whether to convict, and an interesting test of whether public opinion is still with the protesters. In theory, an operator could find himself before a IC as a result of taking part in the protests, if he were convicted in a court. We'll have to wait and see how it develops."
Hodgson was speaking just days after Home Secretary Jack Straw persuaded representatives from transport and oil companies, the police and Transport and General Workers Union to sign a memorandum of understanding "to put in place more robust systems to avoid disruption of fuel supplies".
These systems are likely to include training Army drivers to handle hazardous fuel tankers. It is not clear if this agreement will be legally binding in the event of renewed protests.