Duplication Order Taken to Court
Page 54
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TN the Court of Session, Edinburgh, 1 last week, Lord Wark heard a petition for interdict brought by W. Alexander and Sons, Ltd., Falkirk, against the Northern Scotland and Southern Scotland Traffic Commissioners. His Lordship granted interim interdict and ordered answers within seven days.
Since 1928 the company has operated a stage service between Glasgow and Aberdeen, and it has been authorized by the Commissioners since 1931. Duplication was permitted providing for the use of 25 additional vehicles at week-ends and on holidays. Objections were lodged by the L.M.S. and L.N.E. Railway companies against the duplicatill' condition. The Commissioners granted the application, and appeals were taken to the Minister of Transport on the ground that the Commissioners did not apply the principles laid down by him concerning duplication on services which were in competition with backbone railway routes.
As reported in our issues dated December 20 and 27, the Minister
issued an Order to the effect that the Commissioners should vary the conditions so as to provide that duplication Should be restricted in conformity with the well-known standard for extremedistance express services.
The company maintained that the Minister's Orders were incompetent and ultra vires, in that he was imposing conditions upon the discretion of the Commissioners without ma.king regulations, as required by the Road Traffic Act, and that he had no power under the Act to do so.