Flagrant Defiance of Law—Mr. Hanlon
Page 48
If you've noticed an error in this article please click here to report it so we can fix it.
AT the .conclusion of a hearing which had lasted three days, the Northern Licensing Authority, Mr. J. A. T. Hanlon, last week revoked the A licence of Dent's Transport (Spennymoor), Ltd., of Tudhoe Colliery, County
Durham, and indicated that if the company applied for a new A licence—their present licence having expired pending the hearing of a renewal application—he would grant them five vehicles only, restricted to operations in the north-eastern part of the Northern traffic area. The revoked licence authorized the operation of 15 long-distance heavy vehicles.
Despite repeated appeals by Mr. T. H. Campbell Wardlaw, Mr. Hanlon refused to allow Dent's to continue operating their vehicles pending the result of an appeal to the Transport Tribunal. He said he was considering Whether or not to send the papers to the police or to the Director of Public Prosecutions.
At previous hearings evidence had been given that the company had been convicted on numerous occasions for contravening the regulations with regard to drivers' hours, and for operating vehicles that were said to be under repair and for which substitution permits had been issued for the use of another vehicle in lieu, when the original vehicle was in fact being used.
Evidence had also been given that the company had operated a vehicle at a weight heavier than specified in their licence, in addition, the company had been issued with a substantial number of prohibition notices against their vehicles.
At last week's final hearing, Mr. J. L. F. Walsh, a traffic examiner, strongly denied that there had been any nationwide check on the company's vehicles.
En a decision which took 11 hours to deliver, Mr. Hanlon said that he found that the company had been convicted of some 35 offences relating to drivers' records and maintenance of vehicles, since its formation in 1955. He also found that there had been 24 prohibition notices, 14 of which had been issued since May, 1958. As a result of the evidence before him, he considered that such convictions and prohibitions were frequent and involved an element of danger to the public. Not only this, the firm were cheating the haulage industry 1114 by not expending money in maintaining their vehicles.
During. 1958. the convictions against the company were becoming more frequent, and warning letters had been sent to the firm.
He also found that the company had used, for hire and reward, a vehicle 755 BUP in August, 1960, which was not authorized on a licence, and they had used the same unauthorized vehicle in September—nine days after the notice of revocation had been sent to them.
Dealing with the vehicle which was the subject of an appeal at Durham Quarter Sessions, Mr. Hanlon said that Mr. Dent had given evidence that DGR 693 was at Usk under a temporary substitution licence. Unfortunately for him, no temporary substitution permit had been asked for and none issued.
"INCAPABLE OF CONTROL"
" A company which behaves as this one does must expect to be dealt with is rigidly as possible," continued Mr. Hanlon. They were guilty of flagrant defiance of the law.
The company had shown itself incapable of having proper control over its affairs. He had some very grave doubts whether it would not be better to close down their activities altogether. This was not a question of punishment, but a question of prevention of deliberate and wilful disregard of the law.
Whilst notice had been given that he proposed to consider revoking the B licence, he did not propose to take any action in respect of the vehicles under this licence.
Mr. Campbell Wardlaw made a further attempt to persuade the Authority to
delay his decision until an appeal could be heard.
Mr. Hanlon refused to consider the matter, saying that there was no provision in the Statute for this. "This matter is not going on any longer, so long as I am the Licensing Authority," he replied, saying that the vehicles were to cease operating four days after the decision.