How to apply for an operator's licence
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yman's guide to intricacies of the :ern, by Mike herford
THAT you have read the headline you might be to yourself "Who can /e how to apply for an :tor's licence after all the I've been operating?"
/u fall into such a category to tell you that this article ievitably tell you much of you already know — h hopefully it might clear few doubts that even a ined 0-licence applicant have in his mind.
what about the newly d haulage operation; the time manufacturer who :oncluded that he can running his own fleet of vehicles; or the driver as just collected a sizeable dancy cheque and is hop) set himself up as an r-driver. What do they about the 0-licence n?
/ey are honest, some of Mil admit to knowing next thing. This article is, ore, written with those in mind.
damentally, the 0-licence Im is concerned with le safety. Businesses :ing goods vehicles are re1 to obtain an 0-licence their local Licensing rity (LA) and it is against v to operate a vehicle over nnes gross in connection trade or business without licence. There are excepo that rule, though. Many. Although Section 60 of the Transport Act 1968 states that "no person shall use a good vehicle on a road for the carriage of goods (a) for hire or reward or (b) for or in connection with any trade or business carried on by him, except under an operator's licence", there are exemptions for "small" vehicles.
A single vehicle is "small" if its plated weight does not exceed 3.5 tonnes. For motor vehicles and drawbar trailers, each of the motor vehicles and each of the trailers is "small" if each of the vehicles and each of the trailers is plated, and the total of the plated weights does not exceed 3.5 tonnes. (Note that if any of the trailers does not exceed one-ton unladen, that trailer is disregarded when making the above calculations.) The guidelines for articulated combinations are similar. The tractive unit and the semi-trailer are "small" if the semi-trailer is plated and the total of the unladen weight of the tractive unit and the gross plated weight of the semi-trailer does not exceed 3.5 tonnes.
So much for specifics. In simple language all this means that anyone who uses any type of goods vehicle exceeding 3.5 tonnes gross plated weight is required by law to have an 0licence — unless they are "certain types" of vehicles which do not need to be covered by an 0licence.
These are: agricultural machinery and trailers taxed at the concessionary excise rate; dual-purpose vehicles (for example, Land Rovers) and trailers; vehicles and their trailers using the roads for less than six miles a week while moving between parts of private premises; public service vehicles and their trailers; hackney carriages; hearses; police vehicles; fire engines; ambulances; fire fighting and rescue vehicles used in mines and quarries; uncompleted vehicles on test, or trial; vehicles with limited trade plates; vehicles hired for military purposes; visiting forces' vehicles; road rollers and road maintenance trailers (including water carts); RNLI and coastguard vehicles; vehicles used solely on aerodromes; local authority vehicles of special types; vehicles with special fixed equipment; electric vehicles; travelling showmen's vehicles and trailers; and pre1977 vehicles not over 1,525kg unladen, plated between 3.5 tonnes and 3.5 tons.
Once you have decided that because of your type of operation and vehicles you do require an 0-licence (or not, as the case may be), the next hurdle is to decide which type of licence you require. You have a choice of three: a standard licence which permits the carriage of goods for hire or reward in the UK in addition to own-account domestically and internationally; a standard licence (international) which permits the carriage of goods for hire or reward and own-account both at home and overseas; and a restricted licence which permits the carriage of goods only on own-account at home and overseas.
Quite simply, a standard licence is needed for haulage and a restricted licence is needed if you are carrying only your own goods. Although a restricted licence is easier to obtain than a standard one (a Certificate of Professional Competence is not needed when applying for a restricted licence) such licences have obvious limitations. Are you certain that you will only ever want to carry your own and your subsidiary cornpany's goods?
When you know which type of licence you require you will need to obtain application forms GV77 and GV79 from your nearest traffic area office (see list). The fee for a licence is £20 a year for each motor vehicle specified in the licence. (Trailers or semitrailers incur no fees). But do not send any fees with your applications — your traffic office will eventually send you a fee request form.
Remember that an 0-licence is needed for each of the traffic areas where you have an operating centre (or centres). If you have six centres scattered throughout, say, six traffic areas, a total of six separate 0-licences are needed.
On the other hand, no matter how many centres you have in any one traffic area, one licence covers them all. (But the LA may require a "professionally competent" person in charge of each of those centres.) An operating centre is the place where your vehicles are based and controlled. Before your LA grants a licence he will decide whether your operating centre is suitable. Among other things he will consider environmental conditions — but in future those conditions could be far more stringent.
Draft Regulations that were published in May (CM, May 14, 1983) say that LAs should consider a number of factors that were previously ignored — for example, the nature of the land close to the operating centre, proposed parking arrangements, and the proposed means of access to and from the site.
It seems likely that these draft regulations will come into force and therefore, it follows that 0licences will be more difficult to acquire once they have been implemented. A warning for the future. Remember — apart from the numerous exemptions that I have mentioned — anyone who uses a goods vehicle over 3.5 tonnes gross needs an 0licence. You are the user of a vehicle if you are an ownerdriver; if you employ someone to drive a vehicle on your behalf; or if you hire or borrow the vehicle from someone else and either drive it yourself or pay someone to drive it for you.
Your application for a licence must be made at least nine weeks before the day you wish it to come into force. Do not buy a vehicle or enter into any contract before you know the outcome of your licence application.
One of the other considerations the LA will concern himself with when you apply is whether you are of "good repute". That he will decide after he has looked at your past record — previous offences relating to the roadworthiness of vehicles; overloading; drivers hours and records; or plating and testing.
In deciding whether to grant you a licence, the LA will also consider whether there will be satisfactory facilities and arrangements for maintaining your vehicles in a "fit and serviceable condition" and that the provision of such facilities will not be hindered by a lack of financial resources.
He will try to ensure that drivers hours and records will be complied with. He needs to know what arrangements you will make to ensure that your vehicles are not overloaded; whether you have sufficient financial resources for the proper operation of the business (standard licence application only); and whether you can show proof of professional competence or will employ a fulltime manager who can show such proof (again that is a requirement only when applying for a standard licence).
The LA may consider your application at a public inquiry in order to satisfy himself on the above points. If so do your homework before attending such an inquiry.
Try to convince your LA to-be that, as a licence applicant, you are aware of your legal responsibilities. And in case you are considering turning on the charm and pulling the wool over his eyes remember that, like traffic wardens, LAs know of just about every trick in the book.
When you are talking to an LA about 0-licences you should remind yourself that you are dealing with his speciality not yours. And do not think that a healthy bank statement will be your saviour at a public inquiry.
Though he considers seriously any applicant's financial standing he — like you — knows that a financially secure applicant is not necessarily one of good repute. He will be far more impressed by a responsible attitude rather than a lot of money in the bank.
If you are before a public inquiry, the LA will be influenced by your knowledge of the law and the industry but will also want to hear what you know about the 0-licence system. A well-respected LA told me that he once saw someone who had applied for a standard licence after he had purchased a vehicle from his ex-employer.
When asked if he had his CPC the applicant asked: "What's a CPC?". His application was refused (not surprisingly) and the owner driver to-be was left with a vehicle that he could not use. Make sure that you do not fall into a similar trap.
Your 0-licence application will be published by the LA in his Applications and Decisions booklet which can be purchased from his office for 60p. It is then that your problems could begin.
The police, your local authority, the Road Haulage Association, the Freight Transport Association and various unions can object to your application. If the LA decides that the objection has been properly made and that it is relevant he will usually hold a public inquiry at which you and the objector will be able to speak.
For any number of reasons, the LA might decide to grant you a licence authorising fewer vehicles than you have applied for. He might also grant a licence for less than the maximum five years.
If he does worse than that and refuses or partly refuses your application, you have a right to appeal to the Transport Tribunal — so does the objector. If as a final resort, you feel that you do want to appeal you should speak to the traffic area office concerned and ask for Form GV251.
But if you approach the exercise cautiously and thoroughly, you will not have to request the form or even attend a public inquiry. Before submitting your initial application forms ensure that you read a copy of the Department of Transport's fourth edition of A Guide To Operators' Licensing.
Available free of charge from your nearest traffic area office, the easy-to-understand booklet explains the 0-licence system and deals with certain matters in depth. For instance, there are in dividual sections on the LA's disciplinary powers, plus another chapter entitled "Changes to be made to your licence" which tells how to add or remove vehicles from your existing 0-licence.
If you absorb the contents of the booklet and comply w conditions mentioned in will have little trouble witl application. If you do ha\ difficulty understanding t quirements, the clerk al local traffic area office v able to help you.
Sadly, the Road Haulage ciation and Freight Transp sociation do not hay specific printed matter subject of 0-licensing, all both associations can r help and advice — espet you join or are willing either organisation onci licence has been granted.
There is a natural reit for both associations to g vice to 0-licence applican ply because they are ba cerned with their own ME needs, fundamentally.
If you are having difi with your local traffic are and feel that you need an ers' help, though, it wol tainly do no harm to con RHA or FTA. But rememl while they frequently evitably give free assist non-members, they viously not in that busi the end of the day.
The RHA says that available to members C for a new licence and 1 "thinking seriously of the industry". Each in judged on its merits.
Similarly, the FTA is r concerned with existin bers but has a diffei proach to the RNA. U applications and decisio let, the FTA writes to al and informs them of the of FTA membership.
Among other things, 1 ciation reminds memt they can obtain immel vice on any aspect of licensing — application inquiries, statutory decl renewal procedures, objectors, professional tence and so on. The book also has extel formation on 0-lice does the RHA's Haulag, Another book worth David Lowe's Transp ager's Handbook 1983 tion of course to the Operators Licensing available from your lo area office.