Goods vehicle operators licences

Goods Vehicle Operator Licensing is a system administered by the Traffic Commissioner at the Department for Transport to regulate companies and individuals operating goods vehicles.

All applications for new licences or variations to existing ones are published in Applications and Decisions issued fortnightly by the Traffic Area Office. This publication is only sent on request and usually by subscription. It is available in hard copy, e-mail and via the Traffic Commissioner’s Website (www.vosa.gov.uk). Details are also published in the Legal Notices Section of the local newspapers.

Applications within the geographical area of Buckinghamshire are normally dealt with by the Traffic Commissioner for the Eastern Region (Cambridge), although on occasion applications have been made to the Western Region (Bristol) for applications in the western extremities of Wycombe and South Bucks. Contact details as follows:-

• The Licensing Unit
  Eastern Traffic Area Office
  City House
  126-130 Hills Road
  Cambridge
  CB2 1NP
  Tel: 01223 531070 Fax: 01223 309684
  
• The Licensing Unit
  Western Traffic Area Officer
  2 Rivergate
  Temple Quay
  Bristol
  BS1 6EH
  Tel: 0117 9008577 Fax: 0117 9298352

In order to obtain a licence an applicant must meet a number of criteria:

• That they are a fit (competent) person to run the operation and are of good repute
• That they have satisfactory arrangements in place to ensure that the rules governing drivers’ hours and the overloading of vehicles are obeyed
• That they have a suitable Operating Centre in which to keep the vehicles when they are not in use. i.e. that it is large enough to accommodate the number of vehicles and trailers stated and that they can enter and leave in forward gear
• That they have adequate facilities and arrangements for maintaining the authorised vehicles in a fit and serviceable state
• That they have adequate finance.

If it is considered that the applicant or the Operating Centre fails to meet any of these stated criteria a formal objection can be made by a Statutory Objector.

The following organisations (Statutory Objectors) have a Statutory Right to object to an application for a (new) goods vehicle operating licence or an application to vary a licence once issued:

• A Chief Officer of Police
• A Local Authority (a County Council or District Council but NOT a Parish Council)
• A Planning Authority
• The Freight Transport Association, The Road Haulage Association and The British Association of Removers
• The General and Municipal Workers Union, The National Union of Rail, Maritime and Transport Workers, The Transport and General Workers Union, The Union of Shop, Distributive and Allied Workers and The United Road Transport Union

Individuals who feel they will be affected by the use of the Operating Centre may also make a representation against the issuing of a licence. However in order for it to be accepted it should generally be from an owner or occupier of land in the vicinity of the Operating Centre and can only be made on environmental grounds.

Any objections made have to be received by the relevant Traffic Area Office no later than 21 days after the date that the notice of the application appeared in Applications and Decisions. The Grounds for Objection must be clearly stated. The relevant clause or sub-clause of the legislation under which the objection is being made must also be clearly stated.

A copy of the Objection needs to be sent to the applicant on the same day.

The Traffic Commissioner will decide whether he has sufficient evidence to make a decision or whether to hold a Public Inquiry to hear evidence from all parties (objector(s) and applicant) before reaching a decision.

Formal objections are generally made by local authorities on one of two grounds:

• That the applicant is not a fit (competent) person to run the operation and/or of good repute. e.g. Where the local authority has previously successfully prosecuted the applicant for breaches of planning legislation, waste disposal, trade descriptions, etc. The Police may also object if the applicant has more than one unspent conviction for serious criminal offences or repeated convictions for road traffic offences.
• That the Operating Centre is not suitable to keep the vehicles when not in use. e.g. if it is too small to accommodate the number of vehicles and trailers, that there is insufficient room for a turning area, or that the access point where it connects to the public highway is unsafe.

Alternatively an objection can be lodged on environmental grounds if it is felt that the use of the operating centre would result in environmental harm. Factors which are taken into consideration are:

• Noise
• Hours of operation
• Fumes
• Pollution
• Vibration
• Visual Intrusion

However it should be noted that such objections are usually put forward by the District Councils or local residents. The County Council, as highway authority, would not normally utilise its Statutory Powers of Objection on these grounds.

Unfortunately the fact that the Operating Centre may contravene planning or highways legislation is not regarded as sufficient reason to refuse an application. In such cases it is felt that action to restrict or control the use could or should be taken under the relevant legislation.

e.g. if the use of the Operating Centre would result in more HGVs using the local highway network, however inadequate, the Traffic Commissioner would advise that there is proper provision under the Highway and Traffic Acts to restrict unsuitable traffic on unsuitable roads and would grant the licence.

The Traffic Commissioner takes the view that it is the Highway Authority’s ( BCC ’s) responsibility to maintain the road and ensure that it is capable of carrying the vehicles that are entitled to use it. Under planning legislation the Highway Authority can request improvements to be made to the local road network as part of the planning application process. Unfortunately there is no similar provision under the Goods Vehicle Operators Licence.

Similarly the Traffic Commissioner does not take account of whether the site has planning consent. The Commissioner would take the view that it was a matter for the local planning authority (usually the District Council) to pursue under the Planning Legislation.