L.A. was Upset A NDERSON BROS. (WESTERHOPE) I - 1 LTD. appealed
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to the Tribunal on Wednesday against a decision of the Northern Licensing Authority. There were no respondents, and judgment was reserved.
Mr. T_ H. Campbell-Wardlaw, for the appellants, said the case arose out of a vehicle check in the Northern area when 414 prohibitions were issued, 95 of them being immediate. Anderson Bros. operated 33 vehicles. Arising from two G.V.9s issued at the check, they had received notice from the Authority in which he proposed to suspend both vehicles for 21 days. Thispenalty had to be accepted unless the recipients insisted on a public inquiry.
Continuing, Mr. Wardlaw said the appellants did insist on this, and as a result the 21-day suspensions were withdrawn. Evidence was submitted about two prohibitions and a conviction for overloading. One of the G.V.9s was not immediate, and in any case was removed the same day. The other, imposed as a result of an accident, was removed within 24 hours.
It was apparent at the inquiry, said Mr. Wardlaw, that the L.A. was upset by Anderson Bros. refusing to accept the 2I-day suspensions. He felt it would be wrong for the appellants to be penalized for taking advantage of their statutory right to insist on a public inquiry.
Because they have taken advantage of their rights," continued Mr. Wardlaw, "the whole book has been thrown at them." He suggested that the defects listed were not unusual, having regard to the fleet size and the vehicles' tipping work.
Conceding that what had been proposed by the L.A. might have been an expedient form of justice" which many operators were doubtless content to accept, Mr. Wardlaw queried whether it was fair.
Concluding, Mr. Wardlaw regretted that the L.A. concerned had not been represented before the Tribunal.
Crows' Roadrailer Grant
TiE Metropolitan Licensing Authority, Mr. D. I. R. Muir, has granted a one-vehicle B licence to Crows Transport Ltd. of Gateshead.
The application was a sequel to a similar grant made by the Northern Licensing Authority recently in connection with Crows' participation in Roadrailer trunk operations between London and Newcastle (see last week's issue). British Road Services objected.
(N. H. Tilsley proposes to discuss recent Roadrailer applications in " Licensing Casebook " next week.)