Vehicles Were On, Two Licences
Page 40
If you've noticed an error in this article please click here to report it so we can fix it.
AN application by Humphrey Brothers, of Brandon Colliery, Co. Durham, to vary conditions on a B licence, took an unusual turn when the Northern Licensing Authority; Mr..J..A. T. Hanlon, at Newcastle Upon Tyne, this week, discovered that not only were vehicles authorized on two licences at the same time, but certain vehicles which had been granted had not been taken up.
Mr. T. H. Campbell Wardlaw told the Authority that the application was to vary the conditions on the licence to include lime and chemicals within 125 miles of Brandon Colliery. There was a lone history to the company, which included proceedings in the Chancery Court between the Humphrey brothers and sisters, which resulted in the company being carried on by Miss E. Humphrey, trading as Humphrey Brothers.
The fleet consisted of two vehicles on contract A licence, six under B, and a short-term licence was granted to them recently to operate three of the B vehicles on lime and chemicals for the British Chronic and Chemical Company.
In Control 36 Years .
Giving evidence, Miss Humphrey said that she had been in effective control of the company for over 36 years. She still looked after the administrative side of the business. Questioned about what the other three B licence vehicles were now doing, -Miss Hufhphrey said that tiaey were notroadworthy and had been taken off the road, She had not "renewed' the vehicles on the licence.
Cross-examined by -Mi. J. L. R. Croft, for the objectors (British Railways) Miss Humphrey said that most of the commodities mentioned on the B licence were not now carried because the work was not available. Mr. Hanlon then asked what vehicle XPT 189 was doing—was it on the road, taxed and insured? Miss Humphrey replied that the vehicle was operating to Bolton under the short-term licence.
What the Act Says
Mr. Hanlon: "But that is still on the B licence." He asked Mr. Wardlaw if he thought a vehicle could be specified on two licences at the same time. When Mr. Wardlaw replied that the Act certainly said that, Mr. Hanlon said: "It seems to me that what the Act says is becoming less and less important as time goes on, for one reason or another," He pointed out that Section 167(3) of the new Act did not allow a vehicle to be specified on more than one licence at the same time.
After further argument, Mr. Hanlon said he proposed to adjourn the application and publish the application for the new vehicle to be specified in the licence in due course, which would be a substantive application for a vehicle of greater weight than that granted.
The best course would have been for the applicants to have deleted the conditions on the licence that they did notwant.