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Birmingham's Free Pass Appeal Begins T HE Court of Appeal began, on

26th November 1954
Page 35
Page 35, 26th November 1954 — Birmingham's Free Pass Appeal Begins T HE Court of Appeal began, on
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Tuesday, to hear the appeal by Birmingham Corporation against a decision of Mr. Justice Vaisey that free travel for aged persons on the corporation's bus services was invalid. The action had been brought by Mr. G. V. Prescott.

Mr. M. Rowe, Q.C., for the corporation, said there were three questions to be considered. First, whether. the corporation had any power to vary its charges as between different classes, of traveller or to remit all charges for some of them.

Secondly, if the corporation had such powers, were limits imposed, expressly or by implication of law, on its exercise of those powers? Thirdly, if there were such limits, had they been _transgressed?

The real importance of the case was that, in addition to children's fares, there were other concession fares / granted by Birmingham and many other corporations.

The Master of the Rolls: "You say this decision may imperil the powers to provide those concessions? "

Mr. Rowe: "Yes, unless your Lordships are going to say, as Mr. Justice Vaisey said, that to exercise the discretionin favour of old people was so outside what any reasonable body of councillors could possibly have done that it must not be allowed."

Lord Justice Birkett asked if any .challenge had ever been made to special fares, .such as those for the blind.

Mr. Rowe replied that it had not, but about 25 other corporation transport undertakings gave concessions to-the blind.

C-LICENSEE TO PAY

THE Industrial Court has decided that Cot terell Bros., Ltd., Marsh Street, Bristol, 1, who are C-licence holders, treated Mr. C. N. Hamilton unfairly by not paying him accrued holiday remuneration of £9 13s. 4d. when he left th,eir employment. The case was referred to the Court under Part II of the Road Haulage Wages Act, 1938. The Court has ordered Cotterell Bros., Ltd., to pay the sum.

34 TROLLEVRUSES FOR N.Z.

'TENDERS for 34 trolleybuses are required by the chairman of the Auckland Transport Board, 43 Custom Street West, Auckland, C.!, New Zealand, by February 28, 1955. The vehicles should have rheostatic brakes and a rate of acceleration of 2.5 m.p.h. per second. They should take a crush load of 76 passengers.

NEW CHIEF ENGINEER

SUCCEEDING Mr. S. J. B. Skyrrne, who has become general manager of East Midland Motor Services, Ltd., Mr. J. E. Hollands has been appointed chief engineer of the North Western Road Car Co., Ltd.