Nei hours win conditions
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A Gloucestershire operator's neighbours failed to get his Operator's Licence revoked at a Cheltenham public inquiry, but they did succeed in getting a series of restrictions imposed.
Following a complaint from a local resident, Western Traffic Commissioner Christopher Heaps was reviewing the fivevehicle/five-trailer licence held by Neil Shepherd, trading as GA Shepherd Transport at Marshfield, Chippenham.
For Shepherd, Paul Carless said the site had been used as a transport yard for more than 70 years. Two other operators were Licensed at the site and no complaint had been made against them. The licence was unrestricted at the moment and it should remain so, said Carless, who pointed out that there had been no objection from the highway authority or the police.
For the complainants, Mr and Mrs 0 Shirley, John Bosworth said the premises consisted of a ramshackle set of buildings in a state of disrepair. The site was open and parked vehicles and trailers could be seen from all sides. The Shirleys' house was the nearest residence and was about 100 yards from the site. They suffered significant environmental interference from noise, vibration and fumes. Vehicles started as early as 04:00hrs including Saturdays, he added. More trailers were being parked at the yard than were authorised; the highway access was inadequate and vehicles sometimes reversed in from the silo road. The Shirleys were concerned about the health aspect of diesel fumes filling the bedrooms in the early mornings and about the effect of disturbed sleep on their children's education.
Bosworth maintained that the site was not suitable for use as a haulage yard and that the licence ought to be withdrawn.
Traffic examiner Beverley Whittle said the site was on the opposite side of the main A420 Bristol-Chippenham Road from the Shirleys' house. As many as 16 vehicles and 32 trailers had been authorised from the site in the past; Shepherd had been a tenant since 1990.
An examination of six months' tachograph charts showed 26 movements before 04:59hrs; 77 between 05:00-05:59hrs; 213 between 06:0006:59hrs; and 44 between 07:00-07:59hrs. Whittle told the inquiry that she had visited the area in the early hours of the morning anti had parked 3m from the Shirleys' garden. She had to open her car window before she could hear any noise from the operating centre. Due to the volume of traffic on the A420, it was difficult to say that all the noise heard in the Shirleys' house came from the operating centre.
The TC imposed conditions requiring that vehicles must enter and leave the site in forward gear; that reversing bleepers must be switched off between 20:00-07:00hrs; that vehicles must not be warmed up for more than five minutes or left idling; that where possible trailers must be coupled to tractors in the evening; and that trailers not authorised on the licence must be removed from the site within two months.