LEGAL
Page 47
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PRODUCED IN ASSOCIATION WITH FORD & WARREN SOLICITORS
Shield or shock?
AII operators should be aware that changes have been made to the goods vehicle Operator Licensing system. From 1 January 1996 a new continuous licensing system will be implemented: the so-called "licence for life".
The road transport operator might welcome this move, assuming that his licence will become "bomb proof" but this is not the case. Continuous licensing is purely to save on administrative costs—it does not give the goods vehicle operator a shield against enforcement action.
Although an 0-licence will remain valid indefinitely, the holder of that licence will still have to stay within the terms of the licence: failing to pay the required fees on time will render the licence void.
The Vehicle Inspectorate will retain its enforcement role and there will be systems of checks and enforcement of operators to ensure that vehicle maintenance, drivers hours and tachographs, overloading and speeding will be investigated and the Licensing Authorities will be able to take disciplinary action at any time.
However, the LAs' disciplinary sanctions under Section 69 will no longer include the power to terminate a licence prematurely: they will have to choose between issuing a warning or revoking a licence. New operating centres and extra vehicles will be applied For in the normal way and will have to be advertised; the L4 will review all operating centres on the licence at fiveyearly intervals to ensure that they are suitable. At the same time he will review the operator's disciplinary record and if appropriate he will call a public inquiry to consider any disciplinary action.
At present when an operator applies to renew his licence, he advertises the application in the local newspaper inviting representations from neighbours. Under continuous licensing applications for extra vehicles
If there are no objections, will still have to be made in the normal way. and his licence is granted, he need have no fear of environmental complaints until the next time round. Under continuous licensing, however, objections may be made any time by neighbours, the police or local authorities. There does not seem to be any requirement to send the operator a copy. When the LA makes his five-yearly review, not only will he consider if the centre is suitable, he will take into account any evidence that has been brought to his attention at any time during the previous five years. Unless there is some provision for complaints to be copied to the operator, he may know nothing about them until he is called to a public inquiry following a review; there may have been complaining letters from residents every week from the granting of his licence. He won't know if there had been complaints by the police during those five years or by the local authority and could have to attend a public inquiry to face allegations up to five years old, of which he has no recollection. This would not make it easy to put forward a defence. It is to be hoped that the Licensing Authority will, in the interests of natural justice, copy objections received during the five years to the operator to give him an opportunity to remedy any faults and investigate any complaints to see if they are validly made and to enable him to answer any such allegations at a public inquiry some years after. There are other changes and operators would be well advised, to study them carefully: your licence could depend on it. -1 by Gary Hodgson