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TCs are revoking more 0-licences
Page 12
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Hauliers who play it by the book probably count themselves lucky that they rarely come into contact with the nation's Traffic Commissioners. But many would like to know what's at work in the minds of the industry's enforcers. Once a year, the TCs go on the record in their annual report. It's strong stuff!
• by David Craik Imagine the scenario: you have just been granted permission to operate from new premises despite vehement opposition from nearby residents. You can finally put your plans into action. Now imagine if the same residents could appeal, and the whole process had to start again.
This is one of the more controversial suggestions in Michael Betts' introduction to the Traffic Commissioner's Annual Report 2000/2001, The Senior TC suggests that it may be time for local residents to have this right, and that they should also benefit from "improved notification of proposed operating centres".
The message is clear but seems confusing in the light of figures revealing that the number of representations and petitions from local residents objecting to licence applications, mostly on environmental grounds, has fallen this year from 4,002 to 3,057. Complaints against existing operating centres have also fallen, by 52%, cancelling out last year's 45% rise.
North Eastern TC Tom Macartney confirms that the reduction in the number of complaints has followed the trend set in previous years. He states: "Operators appear to be much more sensitive to the effects their operations may have on nearby residents." So why this perceived need to strengthen the hand of the objectors?
Driving Betts' thoughts could be concern that the 1998 Human Rights Act, which became law in October 2000, will become more relevant to TCs and public inquiries. Currently, only hauliers have the right of appeal to the Transport Tribunal—local residents don't.
The report also shows that the TCs are working harder. In 2000-2001 there were 1,033 disciplinary public inquiries: a rise of 12% on last year's figures. The West Midlands and Welsh Traffic Areas more than doubled the number of public inquiries they held compared with last year. More inquiries have led to more decisions: the number of licence revocations and suspensions increased by 35% and 37% respectively.
The major reasons for the revocations were road offences and breaches of undertakings to the TCs other than maintenance and environmental conditions (132), operators' failure to adequately maintain their vehicles (109) and operators' failure to satisfy the financial requirements for holding licences (112). The financial failures have in fact seen the highest rise this year, from 71 last year.
Although the TCs commend better targeting by the Vehicle Inspectorate and an improvement in administration as a reason for the increase in the number of inquiries, concerns about falling operator standards are also made plain.
Reading the individual reports of the TCs, an obvious theme is their increasing concern over drivers who are breaking the hours rules and the speed limits.
North West TO Beverley Bell says the increasing failure to ensure compliance with hours rules and tacho regulations is unprofessional, and warns that operators who choose to ignore the rules have "no place in the industry".
The solution to this growing problem, says Betts, is for many of these cases to be brought straight to public inquiry, rather than to allow accused operators to continue trading while their cases are taken through the courts prior to an inquiry. He also believes the DoT's decision to recruit extra Traffic Examiners for the Vehicle inspectorate will be vital in this area.
Poor maintenance continues to increase. In their report the TCs call for every haulage company to have a CPC holder on its premises full time (CM 25-31 Oct). The report warns that up to 25% of the trucks on UK roads are operated without the direct control of a CPCtrained person.
David Dixon, TC for the West Midlands states: "A significant number of licences revoked, suspended, or curtailed were restricted licence holders not required to demonstrate professional competence. Many had no idea how to operate lorries. To many road safety does not appear to be of major importance."
Tom Macartney of the North East region points out that a major problem is the use of outside CPC holders who act as a company's transport manager on paper but may have little to do with the day-to-day running of vehicles.
He says: "I seriously question the competency or adequacy of any transport manager belonging to an agency attempting to operate remotely from a great distance. I will scrutinise closely any future applications involving agency provided transport managers."
However, whether it's because of tachograph infringements or maintenance, the revocation of a UK 0-licence may not be a death knell for hauliers.
Eastern TO Geoffrey Simms says he has noted that some operators whose licences he has revoked are obtaining standard international licences in the Netherlands and Belgium: 'This enables them to operate domestically under cabotage. I foresee further abuses unless effective co-operation evolves between member states of the EU."
Betts adds: "We can report them to the departments in the appropriate country but this seems to be continuing for far too long without resolute action being taken." He calls on the DoT and the enforcement agencies to take urgent action against "cheating".
All of this comes within an industry that saw 4% fewer licences in use in 2000-2001, totalling just 105,455. This figure masks marked regional differences. While a worrying 10% of goods operators in the Eastern Traffic Area left the industry in 2000-2001, in the North Eastern Traffic Area the numbers only dropped by 319 from 16,878 the previous year—just under 2%.