Racehorse Transport: Battle with Railways Brewing
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THE Railway Executive is to oppose applications by a number of racehorse trainers in Yorkshire for the grant of B licences for-their horseboxes, which are at present operated under C licences.
It is understood that the applicants have been told by the Licensing Authority that they can no longer be allowed to operate horseboxes under C licences. hence the present applications. If this be the case, it is interest ing, in that the Licensing Authority has made this decision almost exactly 18 months after the Appeal Tribunal laid down its ruling in the Dawson appeal in which the case of Nugent v. Phillips was cited as the precedent.
[In Nugent v. Phillips (1939) it was held that, where a horse was carried for payment from a training establishment to races and back to the training establishment in a vehicle used by the proprietor of the training establishment under a C licence. an offence was committed. It was also held that although the proprietor of the training establishment was training the horse at his premises. both before and after the race, the carriage of the horse did not constitute the delivery or collection by a person of goods which have been or are to he subjected to a process or treatment in the course of a trade or business carried on by him within the meaning of section 1 (5) (b) of the Road and Rail Traffic Act, 1933.1 In the Dawson case the London and North Eastern Railway appealed on the ground that it already provided adequate facilities for carrying horses by road. It is presumed that the present applications will be opposed on the same ground.
The Leeds branch office of the Road Haulage Association is interesting itself in this case, which is being prepared by R.FI.A. solicitors. It is expected that the hearing will be fixed for a date about the middle of February.