Legality of Ticket Restrictions Disputed
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AS forecast in last week's issue of The Commercial Motor, the prohibition imposed by the South-Eastern Traffic Commissioners on the issue of single and period-return tickets on seasonal express services from the coast to London was hotly contested before the Commissioners this week.
. Ten independent operators have sought the removal of the conditions, and the cases of Valliant Direct Coaches, Ltd., and Birch Bros., Ltd., were heard on Tuesday. At the outset, Mr. A. S. Comyns Carr, K.C., for the applicants, requested the Commissioners to hear all the cases at a special sitting, but this concession was refused, on account of the time involved.
Counsel made the striking subinission that under Section 72 of the Road Traffic Act, the Traffic Commissioners had no jurisdiction to impose the conditions in dispute. The Commissioners were expressly directed as to the matters which they should consider, and were instructed to have regard to the convenience of the public, whereas the conditions imposed by the SouthEastern Commissioners were definitely against the public interest.
It was also submitted that under Sections 63 and 64 of the Act the railway companies had no locus standi in these cases. Under the Act, counsel argued, the railways were entitled to object only in an effort to secure coordination, but this question did not arise in these. cases.
On behalf of the Southern Railway Co. and Southdown Motor Services, Ltd., which objected, Mr. Comyns Carr's submissions were denied. Mr. Hetherington, for the Southdown concern, contended that the proper place to test the legality of the conditions was the High Court. After considering the matter in private, the Commissioners decided to hear the arguments of counsel.
Mr. 'Comyns Carr maintained that there was no competition between the Southdown concern and the indepen
dent operators. The Commissioners had regarded London as a point instead of as a large area. It .vas unreasonable to expect passengers wnose destinations were the suburbs, to which the independent operators ran ditect services, to travel to Victoria and then to make a journey from that point to their ulti
mate destinations. . •
• The operators were licensed to run the services, but certain persons were forbidden to use them, in that, although. passengers could. be booked from .London, they could not take single tickets on the return journey, The Commissione.-s stated that, lin their opinion, they were entitled to attack the conditions and the railways had locus standi to object. They stated that they would give a reasoned decision on the matter on Wednesday. It is understood that if these applications fail they will be taken to appeal, and, if the Minister dismisses them, the whole matter may be raised in a higher court.