Operating Centre Requirements
- What is meant by an "operating centre"?
- What constraints are there in accepting a site as an operating centre?
- Once established are operating centres protected in any way?
- What is meant by a "review" of my operating centres?
- What happens if the Traffic Commissioner does review my operating centres?
- Special provision for transfer of operating centres
- Environmental factors and conditions
- Summary
- Environmental conditions
What is meant by an "operating centre"?
An operating centre is where your vehicles are normally kept when not in use. The operating centre should provide sufficient off street parking for all your vehicles and trailers.
What constraints are there in accepting a site as an operating centre?
When you apply for a licence, you will be asked to list your proposed operating centres, with information about the vehicles which are to be kept there. The Traffic Commissioner will need to be satisfied that your operating centres are suitable - for example, that they will be big enough, with safe access, and in an environmentally acceptable location. If you do not own the operating centre you may be asked to provide evidence that you are entitled to use it. In deciding environmental suitability, the Traffic Commissioner must, by law, take into account certain factors - these are listed in Environmental Factors and Conditions below.
You will need additionally and separately to ensure that your proposed operating centre use meets the requirements of planning law. If you are unsure about the planning position you should consult your planning authority. Authorisation under an operator’s licence does not convey any approval under planning law, and likewise approval under planning law is not a pre-condition for approval by a Traffic Commissioner.
If more details about your operating centres are needed, the Traffic Commissioner may send you an additional form - Supplementary Environmental Information (GV 79E) - to complete.
Once established are operating centres protected in any way?
Yes, there are safeguards for established operating centres. In certain circumstances a Traffic Commissioner may not refuse an application on environmental grounds (other than for parking). If any of the operating centres you propose to use are currently on another operator’s licence and are being transferred to your licence, then these provisions may apply to you. There are also restrictions on action that can be taken against operating centres at time of review (see following paragraphs).
What is meant by a "review" of my operating centres?
The review is a check by the Traffic Commissioner on the continued suitability of an operating centre. The Traffic Commissioner will have the opportunity to review all the operating centres on your licence every 5 years. It will be entirely at the discretion of the Traffic Commissioner whether or not to carry out a review. If your operating centres are not reviewed then they are secure for another five years unless you do not pay the required fees, operate outside the terms of your licence, or apply for a major variation.
What happens if the Traffic Commissioner does review my operating centres?
If the Traffic Commissioner does decide to review one or all of the operating centres on your licence you will be told. At review he may decide that no action is required but he has powers to act if necessary.
If an operating centre is found on review to be unsuitable the Traffic Commissioner has the power to attach conditions or vary existing ones for environmental and road safety reasons. The Traffic Commissioner must give you the opportunity to make representations about the effect that any conditions would have on your business before any conditions are attached.
At review the Traffic Commissioner also has the power to remove an operating centre from the licence. He would be able to do this for non-environmental reasons (for example road safety considerations), or because the operating centre was environmentally unsuitable by reason (only) of the parking of vehicles used under the licence at or near the centre in question.
There is a right of appeal conferred on the licence-holder where he is affected by added or varied conditions, or the removal of an operating centre. See Appeals to the Transport Tribunalfor further information.
Special provision for transfer of operating centres
If your application for a new licence, or for a variation to an existing licence, involves the transfer onto your licence of an operating centre currently on another operator’s licence, and: that other operator is giving up his use of that operating centre; the operating centre is not shared by other operators; and, you are prepared to use it on the same terms as the existing licence holder. You may be able to use a method that enables you to do this without advertising. For more information you should contact your local Traffic Area Office. See Traffic Area Offices for more information.
Environmental factors and conditions
Summary
When considering environmental matters associated with an application for a licence, or variation to an existing licence, the Traffic Commissioner will take into account:
• The nature and use of any other land in the vicinity of the operating centre, and the effect that granting the application would be likely to have on the environment of that land;
• How much harm would be done to the environment of the land in the vicinity, by granting an application which is materially to change the use of an existing (or previously used) operating centre;
• In the case of land not previously used as an operating centre, any planning permission (or planning application) relating to the operating centre or the land in its vicinity;
• The number, type and size of the authorised vehicles which will use the operating centre;
• The parking arrangements for the authorised vehicles which will use the operating centre;
• The nature and times of use of the operating centre;
• The nature and times of use of the equipment at the operating centre; and,
• How many vehicles would be entering and leaving the operating centre, and how often.
For further details, consult Regulations 14 and 15 of The Goods Vehicles (Licensing of Operators) Regulations 1995.
Back
Environmental conditions
To prevent or minimise adverse effects on the environment, the Traffic Commissioner may attach conditions to a licence covering:
• The number, type and size of authorised vehicles (including trailers) at the operating centre for maintenance or parking;
• Parking arrangements for the authorised vehicles (including trailers) at the operating centre or in its vicinity;
• The times when the operating centre may be used for maintenance or movement of authorised vehicles; and,
• How authorised vehicles enter and leave the operating centre.
Page last updated: 04/06/2008