AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

Ass Fodder

11th March 1960, Page 45
11th March 1960
Page 45
Page 46
Page 45, 11th March 1960 — Ass Fodder
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

CONFUSION in road haulage licensing is greater now than at probably any time in its history. Naturally, it was generally misunderstood in the early days, but the principles, once. comprehended, seemed to be stable. That is no longer so. Even experts in licensing are frequently surprised by turns of events and by the different constructions sometimes placed by Licensing Authorities and the Transport Tribunal on apparently similar cases. To the layman, road haulage licensing is indeed the world of Alice in Wonderland, in which new snares seem to be laid at every point lest the wary should become too confident, or the uninitiated should ever understand.

Licensing is in danger of approaching the stage where it will be workable only because its conditions are not strictly enforced. If the Licensing Authorities' enforcement staffs are ever increased to enable them to deal with all evasions, road transport will be placed in a strait-jacket, and trade and industry will be the first to suffer.

The intentions of Parliament as expressed by the 1933 and 1953 Acts, are rapidly being forgotten. The best evidence in support of this claim is provided by Mr. J. A. T. Hanlon, Northern Licensing Authority, who recently said that, because of the importance now being attached to normal user, there were cases in which a B licence could be of just as much value as an A licence.

Parliament'sWishes Ignored

Even a casual glance at the Road and Rail Traffic Act, 1933, will show that this was never envisaged by Parliament. Licensing Authorities are permitted to attach only to B licences conditions as to the places between which vehicles shall be used, the kind of goods to be carried and the persons for whom they shall be transported. In fact, normal user on A licences is being drawn almost as tightly as B-licence conditions and the haulier is in danger of losing his licence if he strays too far from it.

Yet there is no consistency among Licensing Authorities in the interpretation of normal user. In Scotland, for instance, it is commonly translated into specific percentages of certain kinds of traffic. This system has the merit that the operator knows ex'actly -where he stands, although it appears on the surface to be unduly restrictive. Other Licensing Authorities describe norm,a1 user as applying mainly to certain traffic, although what proportion of the total that represents is anybody's guess. The 1953 Act removes any doubt that a Licensing Authority's first duty in determining an application is to " have regard to the interests of the public generally, including primarily those of persons requiring facilities for transport." It is clearly to the advantage of the user that a haulier who gains a licence to serve certain customers should not be allowed to abandon them merely because he has found more attractive business elsewhere, To that extent, the enforcement of normal user is legitimate. On the other hand, it is against the broad interests of trade and industry that road haulage should be so severely restricted that operators cannot quickly change the' nature of their main business in accordance with fluctuations in the type and flow of traffic. .

If an A-licensee wishes to expand. he may have great difficulty in proving need for an additional or larger vehicle, even with the support of regular customers. Yet a contract-A licence holder can enter public haulage under A licence merely if his contract customer expresses a wish for the change. The whole balance of licensing is being upset and the Transport Tribunal must bear some of the responsibility for it. On the one hand, expansion and legitimate changes in business are made difficult: on the other, the back door to professional haulage is thrown wide open. The Road Traffic Bill, 1960, which consolidates various Acts, including those of 1930, 1933 and 1953, provides an opportunity for the re-examination of road haulage licensing. In particular, the occasion should be taken to place beyond doubt a. Licensing Authority's inability to attach to an A licence the equivalent of a restrictive condition on a B licence. This means that the weight to be given to normal user must be exactly prescribed—a difficult requirement, but essential if the law is not to be made to appear an ass.

Fare Shares for All

THE new 21-year pooling agreement which is to be put into force by Brighton Corporation, Brighton, Hove and District Omnibus Co., Ltd., and Southdown Motor Services, Ltd., is a model of compromise and common sense which might well be followed in some other towns. The public will benefit in several ways. One of them is the abolition of the protective fares which Southdown have had to charge on services running into or through the territory of the other two operators. The corporation and the Brighton, Hove and District cornpany will be contained within the Brighton conurbation of five towns, but will be free to work in a larger area than in the past. The three parties will share in the proceeds directly in proportion to their labours and will benefit by reduced mileage.


comments powered by Disqus