Operator Licence Objections
- Who can object to an application for a new licence or major variation?
- Who can make a representation against an application for a new licence or variation?
- What happens next?
- Can anyone complain about an operating centre once my licence has been issued?
Who can object to an application for a new licence or major variation?
The following have a right to object to the granting of an application for a licence or variation to a licence:
• A Chief Officer of Police
• A local authority (but not a Parish Council)
• A planning authority
• The British Association of Removers
• The Freight Transport Association
• The General and Municipal Workers Union
• The National Union of Rail, Maritime and Transport Workers
• The Road Haulage Association
• The Transport and General Worker’s Union
• The Union of Shop, Distributive and Allied Workers
• The United Road Transport Union
An objection must be in writing and must state the grounds on which it is made. These may relate to the qualities of the applicant and any operating centre he proposes to use. Objections to operating centres may be on environmental or non-environmental grounds, or both. At the same time as the objection is sent to the Traffic Commissioner, a copy must be sent to the applicant. The objection must reach the Traffic Commissioner no later than 21 days after the application is published in the Traffic Commissioner’s publication Applications and Decisions, copies of which may be obtained from Traffic Area Offices.
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Who can make a representation against an application for a new licence or variation?
The owners or occupiers of land, or buildings, in the vicinity of an operating centre, who feel that the use of a site as an operating centre will prejudicially affect their use or enjoyment of their land, have the right to make representations to the Traffic Commissioner about an application for a new licence or a variation. Representations may be made only on environmental grounds and it is up to the Traffic Commissioner to decide, in the light of local circumstances, the geographical limit of "the vicinity" of an operating centre.
Like an objection, any representation against the issue of a new licence or variation must be made in writing and state the grounds on which it is made. At the same time as it is sent to the Traffic Commissioner, a copy must be sent to the applicant. The representation must reach the Traffic Commissioner within 21 days of the date the applicant’s advertisement appeared in the local paper.
A guide to making representations can be found on Raising an Objection against an Operator.
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What happens next?
The Traffic Commissioner will consider all objections and representations made against an application. If the objections and representations are valid you will be given the opportunity to comment on the matters raised. This is usually done at a Public Inquiry. Having assessed all the information the Traffic Commissioner may: Grant your application as applied for; or Grant your application and attach conditions or undertakings; or Refuse the application.
If there is to be a Public Inquiry, the Traffic Area Office staff will tell you where and when it will take place. It will be held on a weekday and may take place at one of the Traffic Area Offices or somewhere near to the operating centre. See Public Inquiries for additional information.
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Can anyone complain about an operating centre once my licence has been issued?
Yes. Anyone can complain at any time about the suitability of an operating centre after it has been specified on your licence. The Traffic Commissioner then has the opportunity to review those centres at five year intervals (see Operating Centre Requirements). If the Traffic Commissioner does decide to review he may impose or change conditions on your licence for road safety or environmental reasons, or he may remove an operating centre altogether.
You will be told by the Traffic Commissioner if he intends to review any of your operating centres. If the decision is taken not to review an operating centre then it is secure for another 5 years provided you pay your licence fees when they are due, and the Traffic Commissioner does not have to take disciplinary action.
If you wish to make a major variation to the way in which you use an operating centre specified in your licence you will need to make an application for change in the usual way. In most cases such an application would need to be advertised in a local newspaper.
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Page last updated: 23/06/2008