Transport Tribunal calls for clarification
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GEORGE SUTHERLAND, trading as Express Deliveries, appealed to the Transport Tribunal in Edinburgh against the decision of the Scottish LA at Inverness to remove one vehicle completely and further curtail. one vehicle for a period of two months from December 31, 1974.
The appeal was on the grounds that the LA did not take into sufficient account the disastrous loss to the business by taking away two vans, the need to pay-off staff and the cancellation of an important local service which could not be done otherwise, and that the defects — which were admitted — had been the result of concentration on the building of new workshops to cope with fleet maintenance. There had also been difficulties arising from frustration in completing the workshops, including legal appeals in that period to the Secretary of State for Scotland.
Not enough weight
In giving his decision, the LA had indicated that he could not deal with the application for continuation, but that had he done so he would have allowed two vehicles. The Tribunal said that from the reading of the evidence it was not clear whether this meant four vehicles ultimately, taking three already granted plus two, less one withdrawn; or only two.
The question hinged on the terminal date of the licence and from the papers available this seemed to be December 31, 1975. If that were so the question arose whether the appeal had any substance and whether the appeal referred to the older (and presumed existing licence) or the proposed continuation.
Mr W. G. Galbraith, appearing for Sutherland, admitted that there had been defects in management, but he contended that not enough weight had been given to these defects by the Licensing Authority in reaching his decision.
All the GV9s had been within a three-month period when construction work was under way.
Mr I P. H. Mackay, the president, ruled that they could not make progress until the situation was clarified. Further information is to be provided to clarify these points and a delay was ordered.