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Tribunal to Hear Evidence by Special A Licence Dealers

23rd January 1959
Page 58
Page 58, 23rd January 1959 — Tribunal to Hear Evidence by Special A Licence Dealers
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Which of the following most accurately describes the problem?

F OUR representatives from K. and B. Motors, Ltd., Newcastle upon Tyne, 1a company whose name has been associated with special -A licence deals in the north, will be called before the Transport Tribunal next Wednesday. Adjourning two appeals last week, the Tribunal named the K. and B. witnesses they wanted to hear—Mr. E. Waters, Mr. I. H. McLaughlin, a Mr. Shearer and a Mr. Morris. Their evidence will be taken into account when two northern hauliers contest the revocation of their• special A licences by the Northern Licensing Authority (The Commercial Motor, November 14, 1958).

The hauliers are Mr. Charles Hewitt, Annan, Dumfriesshire, and Mr. John Scott, Arlecdon, Cumberland, who had their licences revoked for operating vehicles of a greater weight than authorized. Both obtained their licences from K. and B. and both claimed last week that they did not know about the weight discrepancies because they filled in their application forms in blank.

On their behalf, Mr. T. H. Campbell Wardlaw said that in both cases at the time of the application for the licence the weight of the vehicles was wrongly stated.

In September, 1957, Mr. Hewitt had told a Mr. Shearer, Carlisle representative of K. and B. Motors, that he wanted to buy a Thames vehicle with a 20-ft: platform on special A licence. As the normal length was 16 ft. he was told the lorry would have to he modified.

Blank Forms Signed K. and B. Motors arranged for him to drive a new chassis to Glasgow, where the wheelbase was lengthened, and then to Carlisle for the fitting of heavy-duty tyres. The vehicle was returned to Newcastle and, at some stage during this period, Mr. Hewitt signed the application forms in blank.

Although the vehicle was in operation from early October, 1957, it was not assigned until November 19, 1957, when a Mr. McLaughlin transferred it to Mr. Hewitt, showing the weight as 2 tons 9 cwt.

Because of a change of base to Annan, Dumfriesshire County Council had the vehicle weighed in May and found that it was 3 tons 39 lb.

Mr. Hubert Hull (president): "It is no use beating about the bush—Mr. McLaughlin made a false statement. Has he been prosecuted, or are there any proceedings pending against him at the suit of Mr. Hewitt?"

Mr. Campbell Wardlaw: "No, sir."

Mr. Hull remarked that it was to be hoped that Mr. McLaughlin would make up to Mr. Hewitt the value of the misfortune into which he had led him. It was perfectly obvious that at least one illegal act had been committed, and it was impossible to argue that the Licensing Authority could have done anything other than revoke or suspend the licence. It would be extremely bad for the haulage industry if both middle men and hauliers were encouraged to err.

Mr. Campbell Wardlaw submitted that c22

Mr. Hewitt had got himself into an extremely difficult position. The Licensing Authority's decision to revoke• and, at the same time, grant a short-term A licence for the vehicle, had been found to be unlawful, so the revocation was now suspended pending the appeal.

Although a public A licence had since been granted for a vehicle of the original weight, there was a possibility that the British Transport Commission would appeal against the grant.

The Licensing Authority had taken the view that he had no discretion—if a vehicle was of a greater weight than autherted he must revoke the licence.

Mr. N. L. C. Macaskie, Q.C., a member of the Tribunal, said a letter from the Ford Motor Co., Ltd., made it clear that the weight of the cab and chassis was 2+ tons, and it appeared that Mr. Hewitt had been grossly deceived by Mr. Shearer and Mr. McLaughlin.

Mr. Hull added that a point to be considered was that so far Mr. Hewitt had suffered no suspension in his haulage activities and he held two licences.

In the case of Mr. Scott, said Mr. Campbell Wardlaw, he was a miner who wanted to go into the transport business, and he approached Mr. Shearer with a view to obtaining a vehicle under special A licence. Arrangements were made forhim to hand in an existing vehicle and make a cash payment.

He, too, filled in forms in blank. He was unaware that the vehicle was of a different weight from that specified in his application form until it was weighed by Cumberland County Council and found to be 3 tons 12 cwt. instead of 2 tons 17 cwt.

As soon as he realized the position he took steps to regularize it by applying for a public A licence.

Mr. Hull said the Tribunal would issue an order requiring the attendance of Mr. Shearer, Mr. Waters, Mr. McLaughlin and Mr. Morris. They required further evidence about the nature of the transactions, some details of which were not yet clear. Meanwhile, the suspension or revocation would continue.

Tribunal Hear Plea for New Radius

AN appeal by Mr. R. Goodfellow, Bishops Waltham, Hants, against the South Eastern Licensing Authority's refusal to increase his B-licence radius for pigs, was heard by the Transport Tribunal in London last week. Mr. Goodfellow

wanted a 75-mile radius for his threetonner instead of the present 25 miles.

Mr. J. R. C. Samuel Gibbon, for Mr. Goodfellow, said that as a result of a previous Tribunal decision the radius was set at 25 miles. When the original application was heard in March, 1957, representatives of the Fatstock Marketing Corporation and T. Wall and Son, Ltd., said the pig population would increase. But the Tribunal held that their view was too speculative to form the basis of a grant..

The same representative of Wall's had now written putting forward similar evidence. Wall's factory was at Acton and Mr. Goodfellow needed the 75-mile radius if he was to carry pigs for them. He also wished to carry cattle from Salisbury, Shaftesbury and other markets; there was evidence of an increase in this field.

Mr. C. R. Beddington appeared for the British Transport Commission; Hill and Sons (Botley and Denmead), Ltd.; and F. Seaward, Ltd., Petersfield. He suggested that there was no evidence for a radius of 75 miles.

"There is nothing to show that there has been any increase in the number of pigs available for traffic or of an increase in the number produced in Hampshire," he said. "If there has been, there is no evidence of any difficulty experienced in carrying them."

Decision was reserved after Mr. Gibbon had declared that the volume of traffic now being carriedby Mr. Goodfellow could not possibly be dealt with if the 25-mile radius remained.

A-licence Revocation Decision "Harsh"

1-1. A DECISION by the East Midland

Licensing Authority to revoke the . special A licence held by Mr. S. L. Harness, Tattershall, Lines, was described as an extremely harsh measure in London last week. Mr. A. C. G. Rothera, appearing for Mr. Harness in his appeal, told the Transport Tribunal that a warning should have been given instead.

He explained that Mr. Harness obtained the licence in February, 1957, and was immediately authorized to replace his vehicle. About 10 months later he sold this lorry and got another in part-exchange, but he did not want to operate this on the licence. Instead, he hired the new vehicle to a concern with a C-hiring allowance.

Mr. Harness then had a special A licence with no vehicle, so, through a garage, a man named Creasey was approached, who wanted to buy a special A licence. The licence was assigned to him, linked with the vehicle Creasey was to purchase.

Creasey, however, "completely beat the gun" by starting to operate his lorry as soon as the terms were agreed.

"Had Harness sought advice, this transaction could have been carried out in a perfectly regular way without objection being taken," Mr. Rothera submitted.

The Tribunal dismissed the appeal, stating that they would give their reasons later in writing.


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