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Appeals on East Kent-London Haulage

14th July 1939, Page 29
14th July 1939
Page 29
Page 30
Page 29, 14th July 1939 — Appeals on East Kent-London Haulage
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Which of the following most accurately describes the problem?

JJI.? D IC IAL opinion . was favourable -to rail interests, recently, on the occasion of two appeals before the Appeal Tribunal at Smith Square, London. In one case a road-haulage firm was refused the addition of a single small vehicle to its fleet of eight; in the other the refusal was on a mere matter of using two vehicles at one time on a B licence, it being a condition of the licence that one vehicle only, at one time, should be used.

The first case was that of the Southern Railway Co. (as appellant) and °Messrs. J. and L. White, of Minster, East Kent. The former appeakd against the grant to the latter by the South-Eastern Licensing Authority, of an A-licence variation, permitting the use of an additional lorry not exceeding 2i tons unladen. An important point is that the respondents proposed to surrender their B licence (for one vehicle). and transfer the vehicle to a C licence.

The respondents' buiiness is partly the carriage of local goods in East Kent and partly agricultural produce pri nc i pally broccoli ) from Minster and Ramsgate farms to London.

It was submitted, on appeal, that the respondents did not make a prima facie case; that if they did, it had been rebutted; and that there were no " special circumstances " such as stated by the Licensing Authority. The

Tribunal agreed on all three points, pointing out, particularly, that the substitution of a new vehicle for the B-licensed vehicle, instead of a straightforward addition to tonnage, was not a " special circumstance." The railway was awarded 12 gns. cost.

The other case was that of Mr. Eiger Henry Mount (as appellant) and the same railway company. There was a relation to the White case in that the same question arose, of transport of agricultural produce from East Kent to the London markets. Mr. Mount has a B licence for three vehicles, with the condition that " the use of any authorized vehicle for hire or reward shall be only for the carriage of marketgarden produce, fruit and marine stores, between Deal and London, with not more than one vehicle at any one time; building and public works materials and plant, within 45 miles of Deal railway station; agricultural and market-garden produce within 15 miles of Deal railway station."

He had applied to the South-Eastern Authority, to use not more than two vehicles at one time for carrying market produce, fruit and marine stores to London, and this had been refused,

The Tribunal, like the Authority, found that Mr. Mount's facilities were already suitable, without alteration. The railway was awarded £21 9s.


MEED for additional transport facili1 lties in the district was emphasized by business men at a sitting in Cupar, last week, of the Northern Scotland Licensing Authority, who had before him an application by Mr. M. B. Danskin, haulage contractor, Strathkinness. Mr. C. F. Bush, New Mills, Cupar, said he had built up a business during the past few months and was now sending out between 10 and 12 tons of milled products each week. Lately, in consequence of Mr. Danskin's shortage of lorries, he had not been able to get his haulage done without inconvenience.

Mr. James Stanley Gordon, managing director of the Scottish Sand and Gravel Co., St. Fort, said his company's business had increased by 100 per cent., during the past year, because of Government and other contracts. When possible be used the railways, but many contractors insisted on the sand being delivered at the job, which could not be done by the railway company.

Mr. Henry Riches, the Authority, said that although the applicant had not made out a case for another A licence, he had made out a case for a B licence confined to Fifeatire, Garage Law for the Layman.

" THE Law Relating to Garages and

1 Car Parks " is the title of a hook just published by Butterworth and Co. (Publishers), Ltd., Bell Yard, Temple Bar, Within its 384 pages the author has endeavoured to include such information as is most likely to be of use, with appropriate references, throughout the text, to other suitable books.

Whilst the book is probably of more direct interest to the legal profession, the layman will find that it is written equally for his benefit. The book is priced at 15s. net.

" Alternative Service" Claim " Irrelevant."

I HAVE proved, in accordance

1 with the Road and Rail Traffic Act, an excess of adequate and suitable transport facilities, and therefore there ought not to be an increase of facilities on the roads." This far-reaching demand on behalf of rail transport was made by Mr. P. Kershaw for the London, Midland and Scottish Railway Co. at a Manchester inquiry held last week by Mr. Joseph Farndale, NorthWestern Deputy Licensing Authority.

It was in relation to the application of Youngs' Express Deliveries, Ltd., of Paisley. Scotland, which has a base at Manchester with five vehicles of 11 tons and is asking for four more of 21 tons each, all for collection and delivery work within 25 miles of Manchester. Both the railway companies and Coast Lines, Ltd., proved loss of traffic in, the commodities concerned and excess facilities, although they did not attempt to prove extraction by the applicant.

Mr. D. Jeffry Aitken, who appeared for the applicant, replied that the case A28 for the railway companies, that they were in a position to offer alternative service, and that the application should be refused, was completely and utterly irrelevant and had nothing whatever to do with any section of the Road and Rail Traffic Act. He had never yet had a case in which the railway companies were not saying that they had ample services, and in spite of. that the Licensing Authorities had occasionally granted additional road facilities.

Mr. Farndale deferred his decision.

Shipping Guide for Hauliers.

THE following is the number of ships arriving at the London docks, wharves and jetties named, from July 14 to 18 inclusivel—Docacs: King George V, 7; Royal Albert, 12; Royal Victoria, 5; Surrey Commercial, 9; East India, 1; West India, 5; South West India, 1; Tilbury, 4; Tilbury Stage, 4; Millwall, 5; Royal, 1; London, I. WHARVES: Hay's, 5; Brown's, 1; Butler's, 4; Tilbury Jetty, 3; Royal Canal, 1.


EMPHAS1S of the part which IL...Wilmot-Breeden, Ltd. (Birmingham, London and Manchester) intends to play in the manufacture of fittings for commercial vehicles was made last week at a luncheon in Stratford-onAvon. On this occasion, the company entertained the east-midland section of the Institute of Transport, and tha party afterwards visited the company's extensive works at Tyseley, Birmingham.

The luncheon was a pleasant affair. and speeches were made by Mr. H. Rhodes, of Wilmot-Breeden, Ltd., and by Mr. J. H. Stirk, East Midland, Licensing Authority. Mr. Rhodes said that no plant in the world produced such a variety of body fittings as did that which he represented. Although the concern was rather late in entering the commercial-vehicle field, it would lose no time in making up for that.

Mr. Stirk, on behalf of the Institute, wished the company every success in its enterprise.

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