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Contract Licence Refused: Appeal

22nd October 1948
Page 28
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Page 28, 22nd October 1948 — Contract Licence Refused: Appeal
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Which of the following most accurately describes the problem?

Raises Vital Question THE suggestion that many contract A licences held for a long time may have been improperly held was submitted in the course of a case before the Appeal Tribunal in London on Tuesday.

This was a case in which Harold Sargeant, Castle Garage, Rogerstone, Mon, was appealing against the decision of the South Wales Licensing Authority to refuse a Contract A licence sought under Section 7 (I) of the Road and Rail Traffic Act.

As reported in "The Commercial Motor" on July 30, it was refused on the ground that if it were granted. certain hauliers might lose work and seek other work for which they might be entitled -to extra fuel. Return loads handled by the applicant might also pass to other operators, for whom extra fuel might have to be granted, The object of the Licensing Authority was to reconcile his duties in that office with those of Regional Transport Commissioner_

For the appellant. Mr. J. R. C. Samuel-Gibbon said that Section 11(3) had little application in this case, and that Section 5 (2) should have been used. The question was whether or not it was an application which the Authority was bound to grant, If it were, Section II. calling for a notified public inquiry, did not apply.

Mr. Gleeson Robinson, chairman of the Tribunal, implied that there waa a question of definition involved. What, he asked, was the distinction between holding an inquiry and merely inquiring? According to Mr. SamuelGibbon's interpretation of Section 11 A2& (5), he could not hold any inquiry.

By common consent the transcript of the case was not read in the opening stages, although it might be necessary to refer to it later. Mr. SamuelGibbon went straight on to read the contract and its acceptance, then the statement by the Licensing Authority.

Counsel suggested that the Licensing Authority might have been influenced in his decision by the fact, which he had stated, that many contract A operators sought to find outward traffic to which they were not entitled. When this was available, the temptation was so strong that they were not able to resist it, and operated improperly.

Appellant's counsel mentioned that the Licensing Authority had stated that he decided to exercise his power under Section 11 (5); it was not general practice, but he thought it necessary because of the substantial increase in contract A licences which had been taking place.

The Licensing Authority had said that where the duties of Licencing Authority and Regional Transport Commissioner conflicted, he felt he should have greater regard to the question of fuel issues than to the strict interpretation of the provisions of the 1933 Act, in so far as it affected the issue of contract A licences. Had he decided to ignore the Act, asked counsel.

Mr. Gleeson Robinson: "I do not think so."

The Licensing Authority had taken a certain view as to the meaning of the Act, but, in any case, the national need was a paramount consideration. C-LICENSEES TO BE WATCHED, SAYS Ma MORRISON

J)URING the past week, the C-licensee has come in for a great deal of attention in public speeches aud in discussions before professional institutes. Last Saturday, Mr. Herbert Morrison, M.P., Lord President of the Council, addressing the British Institute of Management at Scarborough. said that the freedom of choice left by the Transport Act to the trader to choose his own method of transport, might operate in a way that would increase the cost of the State services.

Mr. Morrison foresaw a danger that traders might run their own transport when it suited them to do so, but expect to have the advantage of public services to meet emergencies or to help in dealing with peak loads. He doubted whether any form of public service could work successfully if employed in that way. The position would have to be watched to ensure that the Nation received efficient goods transport.

Mr. David Lamb, president of the Institute of Transport, in his presidential address on Monday (reported on page 353), declared that the danger foreseen by Mr. Morrison was unlikely.

"NOT VERY WORRIED" ABOUT C-LICENSEES

SPEAKING at the first annual dinner of the Yorkshire (Hull) Area of the Traders' Road Transport Association, at Hull, last week, Major F. S. Eastwood. Yorkshire Licensing Authority, said that he was " not veryworried" about the increases that had taken place in the numbers of C-licence vehicles.

He pointed out that they were normal acquisitions and that many small tradesmen had bought light vans to help their businesses. Major Eastwood thought that nationalized transport would be operated so efficiently that C-licence holders would wish to use the services offered.

Mr. T. A. Dobson, chairman of the area. presided. Other speakers were Mr. C. H. Scoffer, Mr. H. Clayton, Mr. R. E. Clough, and Aid. Sydney Smith.

LOKI FORDS FOR U.S.A.

A THOUSAND Fordson light vans I—Vaud Ford cars are on their way to America. Fiv.. hundred are travelling in S.S. Fred Morris, and the remainder in S.S. Barbara Lykes. The total value of the shipment exceeds 730,000 dollars.

TWO NEW LICENSING AUTHORITIES

LICENSING Authorities for the South Wales and North Western Areas have been appointed by the Minister of Transport. Mr H. J. Thom, CIE.. MC., M.A., who until 1947 was Transport Commissioner for the United Provinces of India, has become South Wales Licensing Authority, in succession to Mr. H. Trevor Morgan, K.C., M.P., LP., who was recently appointed County Court Judge.

Mr. F. Williamson, 0.B.E., M.Inst.T., has succeeded Mr. W. E. Macve, Minst.T.. in the North Western Area. Mr. Williamson was a principal in the North Western Area office of the Ministry of Transport, Mr. Macve is now north-western divisional manager of the Road Transport Executive.

NATIONALIZATION INEVITABLE MATIONAL1ZATION of transport 1 was inevitable, but had been brought about more quickly because members of the road haulage industry had not worked together, said Mr. W. E. Macve, north western divisional manager of the Road Transport Executive, at Llangollen, last Saturday. He was speaking at the annual dinner of the livestock functional group of the North Western (Western) Area of the Road Haulage Association.

He advised those who were excluded from nationalization to "slick tight together." They should unite in the R.H.A., fix rates and abide by them. In the past, hauliers had fixed rates and then cut them.

He warned hauliers that they would be in trouble if, after the appointed day, they infringed the conditions of their licences and entered into illegal competition with the R.T.E.

TICKETS SHOW SEX OF BUYERS

PROSECUTING two people in a case involving a non-transferable ticket, at Sunderland Magistrates' Court, last Friday, Mr. D. G. Snow, for Sunderland Corporation, said the punching of all-day tickets issued on corporation buses and trams was now such that a conductor could tell whether the ticket had been issued to a.man or woman.

Fines of £1 were imposed on a man and woman, the former for attempting to use a ticket issued to his mother and the latter for using a ticket purchased by her husband.

An official of the corporation transport department afterwards explained to a correspondent that the system had been in operation since a new type of ticket was introduced with the recent increase in fares.

NO MONOPOLY IN TOURS

DURING the hearing of an unsuccessful application for permission to run coach tours from Hazel Grove, Mr. J. R. Williams, chairman of the North-western Licensing Authority. gave a warning, in Manchester, last week, diat if he thought that operators were neglecting' to meet public demands, he would not hesitate to consider applications from another operator.

The application, made by Mr. Alex. Vernon, of Hazel Grove, Stockport, was opposed by the North Western Road Car Co., Ltd., Stockport, and the British Railways.

Mr. Williams said there might have been some lack of enterprise on the part of the North Western concern, but it had to be remembered that initiative had been greatly restricted during the past few years. Until he was satisfied that the existing operator had failed to meet the public' demand—and on the evidence he was not—he did not feel justified in allowing the introduction of a new operator.

FIRST INDIAN OIL-ENGINED TRACTOR

PANDIT NEHRU, Prime Minister of India, recently launched in Bombay the first Indian-built oil-engined tractor. Mr. Nagindas Patel, who was largely responsible for its design, has also designed a farm tractor for use in India.

The smallest tractor intended for that country should have an oil engine of at least 30 h.p., he said, and should be rubber-tyred. It should be suitable for road haulage as well as land work, and have electric lights.

The new tractor has a 30 h.p. fourcylindered oil engine operating on the LanoVa air-cell principle.

R.T.E. AND CONTRACT WORK

INanswer to a question, Mr. C, Courtney Cramp, general secretary of the Industrial Transport Association, stated at Leeds that an assurance had been given that it would be possible for industry to hire from the Road Transport Executive the vehicles now obtained under contract A licences. He did not know, however, whether one set of contract terms would apply throughout the country.

BOMBAY FORMS BUS "CO-OP."

A CO-OPERATIVE society with 800 I-1 members has been formed in Bombay to run bus services, which were recently inaugurated formally by Mr. Moraji Desai, Home Minister. He said that the society would not be affected by the Government's nationalization scheme.

Mr. V. Mehta, Finance Minister, pointed out that transport co-operative movements were being run successfully in Canada, Finland, Mexico and Palestine.

HINT TO WORKS MANAGERS NSORE works managers should underifistand the facts of the present economic and industrial situation, said Sir Charles Bartlett, managing director of Vauxhall Motors, Ltd.. at the first national conference of the Institute of Works Managers, at Leamington, last week-end. BAD PACKING ORDERS IN GOVERNMENT CONTRACTS

COMPLA1NT of lack or inadequacy of instructions for packing of some Government traffics was made at the new session's first meeting of the Industrial Transport Association's Leeds branch. It was also said that a casual or cheeseparing attitude towards transport persisted to a marked degree among industrial concerns and Government departments.

As showing need for more co-operation between the purchasing and transport sides in a Government department buying large quantities of goods, it was stated that normally the goods were bought on an ex-works basis, and in many cases no provision was made for the manufacturer to pack them for transport. Consequently, the transport side found itself faced with the problem of moving goods which were quite unprotected.

Another speaker said that clothingsupply contracts which his concern had had with the Government generally defined a method of packing to be employed—but it was a most peculiar method. The company had always scrupulously obeyed the packing instructions, but would not adopt them for its own use, because of the risk of damage to the goods. Such damage had actually occurred to goods which had been packed in accordance with Government contract instructions.

REWARDS FOR LORRY DRIVER

COURAGE shown by a Bradford lorry driver, Mr. James Cawdray, of BOwland Street, in resisting attack by four men who attempted to steal his lorry and its £25,000 load of cloth, has been recognized by payment of rewards by his employer, the Holdsworth and Burrill haulage concern, of Bradford, and the insurance company concerned.

The rewards had already been presented when Mr. Justice Cassells strongly recommended such a course at Cambridge Assizes on October 13, after he had passed sentences of six and four years' penal servitude respectively upon two men arrested after the attempted robbery.

RECEIVER FOR DOUGLAS

A RECEIVER and manager has been rtappointed to take over Douglas (Kingswood), Ltd., as Westminster Bank, Ltd., has refused to increase the company's overdraft by £100,000 for six months. According to the directors, their efforts to improve the concern's position have been meeting with sucess. They say that it has a yearly potential profit-earning capacity, subject to directors' fees, bank interests .-,nd taxation, of £40,000 to £80,000.

U.K. TO MAKE CARBON BLACK

PLANT fdr the manufacture of carbon black, used in the production of tyres, is to be constructed on Merseyside by Cabot Carbon Co., Ltd., under the European Recovery Programme. America will supply half the capital. The new factory will produce 8,00010.000 tons of carbon black a year. Normally. Britain imports 40,000-50,000 tons a year from America, the only source of supply.


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