B.T.C. Withdraw Despite Irregular Use of Vehicle for Two Years
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AFTER hearing a haulier's application to transfer a special-A vehicle to A licence, on Tuesday, Mr. J. A. T. Hanlon, Northern Licensing Authority, expressed surprise that the British Transport Commission should have withdrawn their objection. Obviously they had not gone into the matter closely, he suggested, as an eight-wheeler had been operated irregularly for two years on a licence authorizing a four-wheeler.
Mr. G. Allinson, Etherley Dene, Bishop Auckland, was applying to put a platform vehicle of 71 tons unladen weight on to a new A licence, with the normal user: "Machinery, iron and steel, ropes and wires, foodstuffs, chemicals, tobacco, paint, oils and greases, building materials —London, Midlands, North West England, Wales and Scotland."
Mr. T. H. Campbell Wardlaw, for Mr. Allinson, said he had held special A licences since 1955. One four-wheeler was purchased from the B.T.C., and a second from K. and .B. Motors, Ltd., Newcastle upon Tyne. These two vehicles were operated until the summer of 1956, when Mr. Allinson decided he required an eight-wheeler.
One vehicle svas sold and the licence assigned and, after negotiations with K. and B. Motors, a Guy eight-wheeler was purchased. The second four-wheeler was ..given up in part-exchange.
Vehicle Over-weight All transfer matters were dealt with by K. and B. Motors, and Mr. Allinson was assured that everything would be in order. When he took delivery he realized that the weight of the vehicle was greater than that shown on the registration hook-5 tons 3 cwt. 110 lb. On re-weighing, it was found to be 7 tons 15 cwt., and the extra duty was paid. It had been operated since July, 1956, on long-distance haulage.
Mr. Allinson said in evidence that, after reading about the revocation of licences for running vehicles of a greater weight than authorized, he decided to try to regularize the position by applying for a public A licenee.
An objection was received from the B.T.C. but, after a meeting of the Road and Rail Joint Negotiating Committee, at which he explained the position, they withdrew.
Replying to Mr. Hanlon, he said he thought that once a licence was granted a difference in weight did not matter.
Mr_ Wardlaw submitted that modifications must have been made between the original weighing and delivery to Mr. Allinson, so there could be no false statement of fact regarding the weight.
A declaration of intention or expectation referred to nermai user, not weight. In law, therefore, there was no power to revoke or suspend in this case. Warning of the increase in weight had been clearly given in Applications and Decisions.
As the application was now unopposed, the Licensing Authority was entitled to exercise his discretion in Mr. Allinson's favour.
Mr. Hanlon adjourned the inquiry until November 25 in order that a representative of K. and B. Motors could be called.