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Grounds for suspension
Page 51
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by lain Sherriff
FOLLOWING the Whitsun recess the House of Lords will begin its consideration of the Transport. Bill. The likelihood is that the Bill will he returned to the Commons badly mauled, there to be patched up and introduced as legislation. This week the opinion was expressed to me that the legislation would never be implemented and, what with amendments by the Government and promises of no implementation of special authorization before proof of Freightliner viability, it looks as if this opinion could prove correct.
However, much of what is now proposed is likely to become effective. There has been no hint from any quarter that operators' licences (quality) would be abolished. The requirements necessary to obtainanoperator's licence are strict and will, I fear, close the door to many aspiring haulage operators of the 70s. In fact it is very much easier to lose a licence than it is to obtain one, as we shall see as we look at section 65. There are eight general heads under which a licence can be suspended, curtailed or revoked.
Contravention of section 61 or any condition attached to a licence under section 62 of the Act will be grounds for the LA to consider penalties. That is, if the law governing the employment of a licensed transport manager is contravened in any way the operator may be called before the LA. As he also may be if he fails to advise the LA of any change in the conditions covering the management, ownership or organization, of the business, if the Authority has made it a condition of the licence that such a change must be notified.
An operator's conduct for five years back could be the subject of a revocation inquiry. Convictions on the licence holder, his servant or his agent relating to vehicle maintenance, exceeding speed limits, overloading, or using a vehicle the unladen weight of which does not correspond with that aurhorized are all potential material for penalty. Drivers' licence offences are also to be considered and this will not only apply to existing licences but also to the new heavy goods vehicle driving licence. These licences will be graded and care will have to be taken to ensure that drivers are not asked to drive vehicles above the class for which they are licensed.
Any conviction under the section dealing with revocations in respect of another licence or under schedule 9 in respect of the engagement of a transport manager is also potential penalty material.
Sections 233 and 235 of the 1960 Act have not been forgotten, and a conviction for submitting a false document or uttering a false statement may also cause an operator's licence to be suspended. In addition, sections 73 and 183 of the 1960 Act apply, and cover maintenance of vehicles and drivers' legal hours, as do part 6 of the current Bill and any regulation contained in sub-section 4 of section 65.
It is not necessary for contravention to have taken place for an offence to have been committed; conspiracy to contravene is also ground for revocation. The Road Haulage Wages Act 1938 lays down standards of statutory remuneration, and offences under this or the Road Safety Act of 1967 are also grounds. The use of rebated fuel in road vehicles is an offence and any conviction resulting from this is construed as grounds under section 65.
Even contravention of waiting regulations, however expressed, made under section 1, 6, 9, or 11 of the Road Traffic Regulations Act 1967 or the use of a vehicle prohibited under section 184 of the 1960 Act are additional grounds laid down in section 65.
The LA may direct that while disqualified in one area the operator may not be granted a licence in any other area. Application to do so could result in a £200 fine.
A revocation or suspension applied to the holder of a licence who is a director or partner may be directed in such a way that the other partners or directors cannot be amed as holders in an application during the period of revocation or suspension.
The LA, if requested by the holder of the licence, shall hear the case in public and his decision shall not necessarily take effect until after any subsequent appeal has been disposed of.
To summarize: almost any conviction relating to the operation, maintenance or administration of road vehicles involving the licence holder, his agent or servant could result in revocation, suspension or curtailment of an operator's licence. Conduct during the five previous years may be taken into account during any inquiry and may in itself be grounds for action by the LA.