'Previously used' watch out for limits
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WHAT IF THE OPERATOR ACQUIRES AN EXISTING OPERATING CENTRE?
A special dispensation was given so that if asked, the Traffic Commissioner can give a direction whose effect is that the person taking over the operating centre takes on the same conditions or gives the same undertakings. There will be no need to advertise locally and a notice in As&Ds will state that such a direction has been given.
This procedure dealing with the transfer of operating centres is an important provision and the use of this transfer procedure is not always drawn to the attention of the operator, who may unknowingly proceed to advertise the new application or variation. This could invite representations unnecessarily and might even involve him in a Public Inquiry with the associated legal costs.
WHAT MUST THE TRAFFIC COMMISSIONER CONSIDER?
When a Traffic Commissioner is considering the suitability of a site from an environmental point of view, he must take into account the following:
+ The nature or use of any other land near the operating centre and the effect of the operating centre on the environment; + If the site has been used as an operating centre before, the extent to which the
grant of the application would result in a change which adversely affects the environment in its vicinity;
+ If it has not been used as an operating centre before, then any information known to him about planning permission relating to the operating centre or other land in the vicinity of the operating centre; + The number, type and size of authorised vehicles and trailers;
+The arrangements or proposed arrangements for the parking of vehicles or trailers;
+ The nature and times of use of the land as an operating centre; + The nature and times of use of the equipment installed (or proposed to be installed) at the operating centre in connection with its use as an operating centre; + The means by which and frequency of vehicles authorised by the licence to enter and leave the operating centre.
POINTS TO PONDER
Conditions and undertakings: Remember that breach of a condition or undertaking could result in disciplinary action being taken at a Public Inquiry which may involve revocation of the 0-licence; • Remember that the Traffic Commissioner can only control authorised vehicles, not visiting vehicles: • Remember conditions imposed can be removed if a formal application is made and there is a change of circumstances; • Do not breach the conditions on your licence!