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Breach of normal user

3rd October 1969, Page 48
3rd October 1969
Page 48
Page 48, 3rd October 1969 — Breach of normal user
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Which of the following most accurately describes the problem?

• Oldham's Livestock Transport (Barford) Ltd. was granted change of normal user, in Birmingham on Monday, although the West Midland LA, Mr. J. Else, said that there had been a breach of the previous normal user. The company also applied to add two livestock vehicles when renewing its A licence. This part of the application Was refused. Objections were entered by Allelys Transport Ltd. and T. Spires and Sons Ltd., two local livestock hauliers.

Mr. G. S. Hobbs, director of Oldham's, said general haulage accounted for about 66 per cent of his mileage and livestock the rest. His livestock business had suffered a great deal during the 1967/68 foot-and-mouth epidemic.

For the objectors, Mr. N. Carless, said Oldham's had changed from livestock traffic to general haulage. in the year preceding May 1968 the company's turnover was £68,000 while in the year preceding May 1969 it had risen to £92,000. Of the increase only £7,000 was attributable to livestock traffic.

Mr. Hobbs admitted that he had not realized that he had entered into general haulage to such an extent. He had also overlooked the normal user position, Mr. M. C. Allely, managing director of Allelys, said there just was not enough livestock traffic to warrant additional livestock vehicles. Both Mr. Allely and Mr. K. G. N. Spires, director of T. Spires, said that there were regular occasions when they had vehicles available.

Mr. Carless said that to grant the application would be to approve of the way in which the applicant had transferred to general haulage in contravention of his normal user.

Mr. F. G. Davies, for the applicant, said the breach of normal user had occurred because of the foot-and-mouth epidemic. As soon as Mr. Hobbs had realized the position he had applied to amend the normal user.

The LA granted the renewal of the licence for its existing 19 vehicles and amended the normal user to: livestock and other goods as required. If another application was made to add further vehicles within the next one to 12 months the breach of normal user would be taken into consideration, he said.

We'll read that again. . .

• Our apologies to Mr. F. W. Butler. The correction of his title in last week's issue still contained an error. The title should properly read: Education and training officer, Institute of Road Transport Engineers.