Northern Operator Refuses to Hand Over Recor
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Examiner Prevented by Threat of Force
AMINISTRY OF TRANSPORT traffic examiner told the Northern Licensing Authority, Mr. J. A. T. Hanlon, in Newcastle upon Tyne on Monday, that one of the principals of a Northumberland company prevented him from leaving the concern'soffice with drivers' records.
The company—'Turnbull's Transport Packing Co., Ltd., of North Shields—had been called upon to attend the public inquiry and produce their drivers' records for three months commencing on October 6, 1961, but they neither attended the court personally not were legally represented.
Giving evidence, Mr. Percy Charles Cooper, a Northern Area traffic examiner, told Mr. Hanlon that he went to Turnbull's premises on December 28 to investigate the use of two vehicles that had been reported in the Metropolitan area between October 22 and November 20. Information had been received that they were not authorized, and he had verified this.
Story of Substitution Mr. Cooper said that the company's transport manager, a Mr. Kelly, had called in Mr. T. Turnbull Jnr., who said that the vehicles had been used on temporary substitution permits in respect of two other vehicles of which he gave particulars. When told there was no trace in the Ministry's files of this substitution. Mr. Turnbull said that he could remember phoning the Authority's office asking for permission.
Mr. Cooper said that Mr. Kelly handed him records for two vehicles a few days later. He told Mr. Kelly that he was going to take them away as they were evidence for a likely prosecution.
Mr. Kelly asked that he should see Mr. Turnbull, int., before doing so. Mr. Turnbull said he was acting on certain instructions about the matter and rang up his solicitor. Finding the latter was not available, he apparently received instructions from his father that the records must not leave the office.
Mr. Cooper continued: "Mr. Turnbull then prevented me from leaving and told me he would use force if necessary. I advised him to ring up the police, which he did. He spoke at some length and I asked if I could speak too."
"The sergeant advised me that it would be best if I did not bring the records with me. I accepted the advice, spoke to my headquarters and explained that I intended to take copies of the report. Eventually, I took copies and initialled the originals. I produce the copies here."
Mr. Cooper also said Mr. Kelly pro
mised to make the drivers of the vehicles conc,erned available for statements-. But next day he said he could not do this.
The Ministry of Transport wrOte to the company and at once received the drivers' names and addresses. They had since been written to, but no replies had been received except from one who changed his address.
Asked by Mr. Hanlon if there were any temporary licences in force, Mr. Cooper said that Mr. Turnbull in fact produced temporary licences. Applications for substitutions had been made on November 15.
The Authority said Turnbull's were quite a substantial concern, Their fleet included 27 vehicles on A licences, one on a C and one on a B licence. The company seemed to have a good record and had not given trouble before. Now they had applied in letters dated January 3, 4 and 5 for temporary substitutions. But the company thought fit to refuse point blank to send in their records or come to the inquiry.
In recent weeks, Mr. Hanlon continued, certain hauliers had said they did not propose to allow their drivers' records to be taken away by traffic examiners. They had been advised not to send the records to the Traffic Area.
The industry in the past, howeve co-operated well in producing recor inspection. Unless somebody had thing to hide he did not see wh should not continue. "It is extr unfortunate, in my view, that a fl this standing should adopt sue attitude both to me and my examiners. It is not for me to saI can possibly benefit by stirring up ti between the Licensing Authority ar haulier—trouble that did not before." He adjourned an appli. for temporary substitution licences.
Two Northern operators have re been ordered through notices in " cations and Decisions,". to pr drivers' records for the inspection Licensing Authority, in accordance section 186(5) of the 1960 Road 1 Act. The first was Turnbull's, who s have appeared before the Not Licensing Authority last Monday. second licence holder—H. L. W Ltd., of Thornaby-on-Tees--was d appear before the Authority at Sto on Wednesday.
An official of H. L. Walker tolt Commercial Motor recently that they had no objection whatsoever tc ducing their records to the Author a public inquiry, they felt that, matter of principle, the Authority wt entitled to retain the records.