Sweeping Allegations
Page 32
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THERE seems to be a tendency for advocates appearing on behalf of the British Transport Commission to accuse haulier applicants for licences or variations of trying to mislead the Licensing Authority. They have done so on at least two occasions in recent months before the Transport Tribunal. It is a serious charge, and one not to be made lightly or as a forensic flourish. Anyone who makes a fraudulent statement to procure a licence may be punished by the courts under the Road and Rail Traffic Act, 1933. In addition, if he makes a false statement or expresses an intention which he fails to carry out, he may have his licence suspended or revoked under the Transport Act, 1953.
The severe punitive action recently taken against offenders in several cases of this kind emphasizes their seriousness. As proceedings before Licensing Authorities and Traffic Commissioners are not privileged in the sense of those before courts of law, it behoves advocates to„be particularly careful in their allegations.
In addition, -customer witnesses, who are probably putting themselves to inconvenience by attending court, might sometimes be handled with greater tact. If they are ferociously cross-examined they may well refuse to support applicants in the future. Even today, the customer is very often right.