ANY QUESTIONS?
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OVER-ZEALOUS EXAMINER
QWe had applied to vary our Operators Licence by the addition of four vehicles, and on 11 May a vehicle examiner turned up without warning and said he wanted to inspect two vehicles. We told him that the only two vehicles he could look at were waiting to go into the workshops for pre-MoT and safety inspections. He promptly put two PG9s on the vehicles with about five points on each. Surely this is wrong? A TB, Salisbury.
AI would say it was unreasonable behaviour on the part of the examiner.
Reg 74 of the Construction & Use Regulations paragraph 2 (c) states that "No such person (authorised inspector) shall test or inspect any vehicle on any premises unless: (i) the owner of the vehicles consents thereto (ii) notice has been given to that owner personally or left at his address not less than 48 hours before the time of the proposed test or inspection or has been sent to him at least 72 hours before that time by the Recorded Delivery Service to his address last known to the person giving notice or (iii) the test or inspection is made within 48 hours of an accident to which Section 25 of the 1972 act applies (failing to report) and in which the vehicle was involved."
I have found that most vehicle inspectors are competent and comply but you get one or two who overstep the line. If you feel really aggrieved you can write to the Licensing Authority explaining the situation and I would think he would take the view that the PG9s were unfair.
BREAKDOWN CONFUSION
Qam an HGV mechanic with a garage in Taunton. I have an ordinary car licence. We have two recovery breakdown vehicles. One is a Bedford TK fitted with 10 tonnes lifting gear for suspended towing. Unladen vehicle weight is about eight tonnes. The other is a fourwheel rigid fitted with concrete ballast used only for straight-bar towing. Unladen weight is about 11 tonnes.
Can I drive either of them on my licence, if so, at what speed?
What driving licence is required in the breakdown vehicle to straight-bar a rigid? And what driving licence is required in the breakdown vehicle to straight-bar an artic with a trailer attached?
Does suspend towing affect a breakdown vehicle licence required with either, a, rigid? or b, an artic with trailer attached?
Which licence is required in the towed vehicle if the towed vehicle is a, a rigid; and b, an artic with a trailer attached? What affect will the changes in licences in 1991 have in relationship . to the first five questions?
For the "six months" delay between passing a rigid driving test and the artic driving test after January 1991, is it six months' time or six months tachographs?
TNC, Taunton.
AA heavy goods vehicle is a motor vehicle constructed or adapted to carry or haul goods and having a maximum permissible weight which exceeds 7.5 tonnes. Both your vehicles are therefore heavy goods vehicles. And as such their drivers require HGV licences in addition to the normal driving licence.
The only exemption in relation to breakdown vehicles is a vehicle fitted with apparatus for lifting a disabled vehicle partly from the ground and for drawing it when so raised and which is (a) used solely for dealing with disabled vehicles (b) not used to carry a load other than a disabled vehicle and articles required for the operation of the vehicle or for dealing with disabled vehicles (c) not over three tonnes unladed weight.
However, this exemption to HGV licensing does not apply to your particular vehicles.
In regard to the towed vehicle, when it is partially lifted it is a load but when towed remains an HGV and the driver requires an HGV licence.
In 1991, those holding an ordinary car licence at the time of change will be allowed to drive cars and goods vehicles up to 7.5 tonnes as they are now — in other words, no change.
The six months' experience period is six calendar months,
COMPLAINTS FROM NEIGHBOURS
QWe have an operating centre just outside Dorking and our licence for eight vehicles and six trailers is due for renewal. We have had six letters of complaint from local residents about the renewal. Before we go to a solicitor, what are our chances of the Licensing Authority not renewing? JL, Dorking Ardecision to not renew list be made only after hearing both sides of the matter at a public inquiry. Remember, the burden of proof is on the people making representation against your renewal. Secondly, the regulations that govern Operator Licences are The Transport Act 1968, The Transport Act 1982 and SI No 176 1984, and the Goods Vehicles (Operators Licences Qualifications and Fees) Regulations 1984.
The last set of regulations gives the Licensing Authority the power to impose conditions on your licence. I have many operators who ring me to say that the conditions imposed by the LA are, after trying them out, unworkable and, unless a very sound economic mitigation can be put to the LA, the chances of conditions being changed or deleted are slim.
The other matter to consider is whether there has been "material change", for example if you are planning to operate in the same way in the future with the same number of vehicles and you have not or are not intending to change the activity of the site, then there is no "material change" and the LA must renew, although he can still impose conditions.
NOTIFICATION NECESSARY
QI was recently in court for an overweight offence for which I was fined £200. I have been told that I must notify the Traffic Area of the conviction but I do not wish to blemish my licence. Is it true that I have to notify them, and if so, when?
DJ, SidcuP A The answer to your quesrAtion is most certainly yes.
The Licensing Authority for the Traffic Area covering your operating centre must be notified of any conviction within 28 days. Failure to do this does not mean that the LA will remain ignorant of the conviction, and failure to notify him can lead to problems in the future.