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168 
Ai NEWCOMER to the haulage industry must satisfy the onus impoaecl
Page 107
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by the Enston appeal decision. He must show not only that there are persons ready and willing to employ him, but. also that the work which he proposes to do cannot be undertaken by any other operator, by road or rail, in the district.
Witnesses must be available to testify to the shortage of transport and to the inconvenience which they have suffered as the result of it. General statements are inadequate; precise details of inconvenience must be supplied and wit nesses must be prepared to withstand rigorous cross-examination.
In a number of cases, it has been held by the Appeal Tribunal that a man who retires from the industry and later seeks to rejoin it is a newcomer. The question has, however, been reopened on three recent appeals, which are now under consideration.
It has been suggested that the reason for the lapse from business is allimportant in deciding whether the applicant be a newcomer, and that the fact of his temporary withdrawal is not, in itself, sufficient automatically to classify him as a new entrant.