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Unlimited Radius for Fertilizer

10th October 1947
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Page 29, 10th October 1947 — Unlimited Radius for Fertilizer
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Which of the following most accurately describes the problem?

Spreaders

IN a novel case concerned with the I licensing of vehicles for spreading fertilizers, the Appeal Tribunal has found that the South Eastern Deputy licensing Authority misinterpreted his jurisdiction and has, accOrdingly, reversed his decision to refuse B licences to M.J. Spreaders, Ltd. (formerly Markjohn Spreaders, Ltd.).

The application concerned 53 vehicles (174 tons 17 cwt.), which, in the past, had been authorized for use not only in the South Eastern Area, but in other parts of the country. Evidence was led by the applicant and the Ministry of Agriculture to show that the public interest required that the services of mechanical spreaders should be rapidly available for farms.

Time Vital It was stated that new bases would shortly be required, and the applicant said that it would be impossible to continue the business without serious delays if applications for licences had to be made to the relevant Licensing Authority on every occasion when it was found expedient to open a new base or to transfer individual vehicles from one area to another.

The Deputy Licensing Authority came to the conclusion that to grant the freedom of operation requested would not be in accordance with the Road and Rail Traffic Act, 1933, and he dismissed the application.

The Tribunal's decision contains a long dissertation on the question of the legality of granting C licences for the work in question. The Tribunal points out that it has no jurisdiction to interpret the Act, but, in commenting on that section which allows C licences to he used in the transport of loads for or in connection with the trade or business of an applicant, or the delivery or collection of goods subjected to a process or treatment by him, states:—

"Although the tipping of fertilizers in small heaps on a field might be regarded as being merely a method of delivery, the position might not be so clearly distinguished in a case where lime or fertilizer is carried in a vehicle to a field and distributed by being scattered from the vehicle, either by mechanical means or by hand; but the nature of the operation is not different in principle merely by reason of the material being spread or scattered more finely. . .

"It would appear that the only safe course is to proceed on the basis that the operation of 'delivery,' even where delivery amounts to distribution of substances like lime or fertilizers Of gravel, can never constitute the carrying on of a trade or business within the meaning of the Act. . . ."

Correcting the Deputy Licensing Authority's misapprehension about the authorization of what he called "freelance operation" outside the South Eastern Traffic Area, the Tribunal points to the decision of the House of Lords in the case of Rex v. West Midland Traffic Area, ex-parte G.W.R. Lord Macmillan then said: "In the case of the B licence, however, theLicensing Authority may, in his discretion, attach a condition that the authorized vehicles shall be used only in a specified district or between specified places.' This means that in the Licensing Authority's discretion he may equally refrain from attaching any such geographical • limitation."

The Authority also drew certain conclusions. with which the Tribunal disagreed, from a comparison of section 73 of the Road Traffic Act, 1930, and the 1933 Act.

One Restriction

The Tribunal finds that B licences should be granted and that-these should enable the vehicles to move freely about the country. No question of competition with ordinary transport arises. The vehicles will, however, be limited to use for "the carriage 'Atli= and fertilizers for spreading from the vehicles by the Markjohn spreading device."

Because of a technical inaccuracy in the submission of the application, the Tribunal can authorize the use of only 10 vehicles from a base at Washington Quarry, Sussex. Separate applicatiOns must be made in respect of other bases. PARIS SHOW WILL BE BIG-GEST POST-WAR EXHIBITION

THE Paris Salon de L'Automobile, which will be open from October 23 to November 5, should be by far the most important motor exhibition to be staged in any country since the war

There are to be over 900 exhibitors and, on this occasion, the commercialvehicle section will be housed in a large .temporary building on the Esplanade des Invalides, just across the bridge from the Grand Palais. There will also be an annexe for military vehicles.

The show is regaining its old international status, as, in addition to French exhibitors, Great Britain, the United States, Italy, Sweden' and Czechoslovakia will be represented. The British contingent-is to be a strong one, hut confined largely to the car section.

French exhibits are -certain to beof interest, for road-transport fleets throughout the country are in urgent need of renewal, and the commercialvehicle branch of the motor industry has been allowed much greater freedom than the private-car side in development since the war.

One can always expect surprises at the Paris Show, for French designers often break new ground with highly original and interesting ideas. The most astonishing thing is that France should be able to hold a motor show at all at the present juncture.

MORE APPEALS NEXT WEEK THREE appeals are to be heard by I the Appeal Tribunal at Halifax House, Strand, London, W.C.2, next week.

On October 15, Spruce's Transport, Ltd., will appeal against a decision of .the Eastern Deouty Licensing Authority, and three respondents will appear. On the same day, there will be five respondents to the appeal of F. G. Pedder against a decision of the Metropolitan Licensing Authority On October 16 the case of Bowater and Lloyds Sales Co., Ltd., which concerns a decision of the Metropolitan Licensing Authority, will come up.

POTATO TRANSPORT BAN

INDER the Potatoes (1947 Crop) 1/4-) (No. 2) Order, 1947, existing arrangements for the zoning of transport are continued. Movement of ware potatoes into (a) Cornwall, Devon, Dorset, Wiltshire, Somerset, and Gloucestershire, and into (b) South Wales, except from Herefordshire and Shropshire, is prohibited. Movement may, however, take place between each of the counties in the two zones.

LIKE CFIARLEY'S AUNT

ORIGINALLY intended to run for a week or two, the Vauxhall Exhibition, which was opened by Mr. Arthur Woodburn, M.P., in September, 1946, has now seen its first anniversary. It will re-open on October 23 in a new and enlarged form.

WAGES £160,800 UP

A CCORDING to the Ministry of r-1. Labour Gazette, published on Monday, 452,000 transport workers have.received a total weekly increase in wages of £160,800 during the first eight months of this year.

EVIDENCE WOULD NOT SATISFY TRIBUNAL: LICENCES GRANTED

OVERCOM1NG what he said was

• his inclination to refuse the application, Mr. S. W. Nelson, Northern Licensing Authority, granted a B licence to Mr. Albert E. Kennedy, of South Shields, for a 3-ton vehicle recently taken over, from an ex-Serviceman. The conditions of the licence were, however, varied.

Mr. Nelson said that he had granted defence permits, and later licences, to several ex-Servicemen on evidence which could not be regarded as exactly fulfilling the requirements of the Appeal Tribunal. In applications of the kind .before him he would have to be satisfied that there was a genuine business to 'be taken over.

• HIGHER SPEED: HIGHER PAY?

lk YIEMBERS of the road transport IVI section of Birmingham Chamber of Commerce were told at a meeting, last week, that the unions might use an increase in the speed limit for heavy goods vehicles as a lever to obtain higher wages.

The National Road Transport Federation asked the Chamber to support its application to the Minister of Transport for a speed limit of 30 m.p.h.

Mr. J. Blewitt, area secretary of the Transport and General Workers' Union, later denied the suggestion that wages might be 'linked with speed.

NEXT YEAR'S EXPORT TARGET

BY the middle of next year, the Government expects the commercialvehicle industry to export 7,575 vehicles per month, and by the end of 1948, 9,696. These figures compare with a monthly average of 5,212' in the last quarter of 1946, and 4,581 a month in the period from May to July this year. These figures are issued by the S.M.M.T.

NUFFIELD EXPORT RECORD

IN response to the Government's I appeal for increased exports, Nuffield Exports, Ltd., is now sending One vehicle abroad every 2k minutes of the working day. In the nine months ended October 1, the Nuffield Organisation exported more vehicles than during the whole of 1946, which was the company's best year for overseas business.

OBITUARY

VIEregret to report the death of two Scottish transport managers. One was MR. RICHARD ROBERTSON, transport manager of Redding Co-operative Society, and the other MR. TOM FYFE, traffic manager of Messrs. A. and C. M'Lennan, bus proprietors, of Spittalfiekl.

A28 BLOOD IN FIRE EXTINGUISHER COMPOUND

DETAILS of the research which led, during the war, to the production of a cheap and effective foam for fighting petrol fires, are contained in 'Chemical Research Special Report No. 6—A Study of Mechanically Produced Foam for Combating Petrol

Fires," which has been published by H.M. Stationery Office at 2s. 6d.

The materials used are available in Britain: The most suitable agents are chemically broken-down hoof and horn meal, or glue mixed with materials similar to soapless shampoos or chemically treated blood. The blood can be obtained as a waste material from abattoirs.

Larger premises have been taken by Wellworthy Piston Rings, Ltd., for its branch at Croydon, which is now situated at 61, South End. TYRE DISTRIBUTORS TO VISIT US. MANUFACTURERS

MEXT Tuesday, October 14, a 1 11 delegation from the National Tyre Distributors' Association will sail for New York in the " Mauretania." Members will be Mr. S. G. Gorrill, president of the N.T.D.A., Mr. H. T. Fullwood and Mr. W. G. Godsell, past presidents, andMr. D. M. Keogh, public relations officer.

In addition to visiting the leading tyre factories in Akron, the delegation will attend a convention to be held by the National Association of Independent Tire Dealers, of America, at Cleveland, Ohio, from October 27-29. The party expects to return to England on November 14.

GOLD MEDAL FOR BEST ESSAY

THE subject chosen for the Lord Wakefield Essay Competition, 1947, is: "In what directions is the place of the motor industry in the economy of Britain becoming more or less important? " Entries, which are open only to members of the Institute of the

Motor Industry, must be received by the general secretary, at 40, Queen's Gate, London, S.W.7, not later than January 31 next.

The winner will receive a gold medal, and silver medals will be awarded as second and third prizes.

CO-ORDINATION PLAN FAILS

A T a meeting in Stratford-on-Avon

on October 1 (announced in "The Commercial Motor" last week), members of the National Association of Road Transport Groups out-voted a proposal by Mr. F. Rudman, chairman of the Association, for the co-ordination of groups. A scheme for the formation of local, county and national committees for the allocation of traffic is, however, to be examined in detail by the executive committee of the Association.

NUMBER PLATE CONCESSION I N connection with the lighting of rear number plates, the Minister has issued the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1947, dated September 10. (S.R.O. 1947 No. 2011.) The effect of these is that vehicles registered before October 1, 1938, will be wholly exempt from complying with the requirements of paragraph (2) of regulation 26 of the principal regulations of 1941, which deal with the exhibition and illumination of identification marks. HANDSOME TWIN HORSEBOX QOUND construction and craftsman ship, despite current problems of supply and labour, are seen in a twohorse box just built on a Ford Thames chassis by Messrs. Kinninmont Karavans, 15, South Wharf, London, W.2, for the well-known Epsom racehorse transporter, T Hawkins and Sons (Epsom), Ltd.

Th.: box is of straightforward composite construction and has a springcontrolled ramp easily operated by one man. The ramp's height is 2 ft. 4 ins. unloaded. The van is of the Luton type, the space over the cab being used for stowing the grooms' gear, etc.

Both horses face rearwards, there being two separate mangers. Stalls are divided by a partition hinged from the roof and there are separate padded breast-bars. Stalls are liberally padded, the covering material being prepared durable canvas and the lower walls and rear of the cab are reinforced with fin. steel plate.

The rear-situated grooms' eornpartment has a door on each side, with a full-drop window, and comfortable seats are provided.

There are three interior lights and a buzzer for intercommunication, whilst ventilation is attend !cl to by effective non-mechanical units DUBLIN BUS STRIKE CONTINUES

THE latest news concerning the strike of Dublin bus and tram workers, which up to last Tuesday had been in progress for nearly -five weeks, is that it is not likely to end for some time. Last Monday the workers, by a large majority, refused to consider reopening negotiations to end it.

TRANSPORT MANAGERS TO HOLD DINNER-DANCE

THE London Area of the Transport Managers' Club is holding an informal dinner and dance at the Palmerston Restaurant, Bishopsgate, on October 15, at 6 p.m., for 6.30. Owing to food restrictions, tickets are limited, but a few are-available at 21s. each.

Sunderland Corporation is expected to take steps to speed up the replacement of trams by motorbuses. DUBLIN BUS STRIKE CONTINUES


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