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Haulier Acted in Good Faith

4th March 1960, Page 44
4th March 1960
Page 44
Page 44, 4th March 1960 — Haulier Acted in Good Faith
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Keywords : Tribunal, Law / Crime

Nif R. CHARLES HEWITT, of Queens way, Annan, who was alleged to have made a false statement in his application tor a special A licence, had acted in complete good faith at all material times, said Mr. T. H. Campbell Wardlaw, his solicitor, at the Transport Tribunal in London on Tuesday.

Last Jelly, the Tribunal gave an interim decision, on an appeal by Mr. Hewitt against the Northern Licensing Authority's decision to revoke his licence. Be was alleged to have falsely stated that the unladen weight of his vehicle was 2 tons 9 cwt. when, in fact, it was 3 tons 5 cwt.

The Tribunal called for a further investigation and remitted the case to the Licensing Authority so that he could hold another inquiry.

On Tuesday, Mr, Wardlaw said the Licensing Authority had held inquiries at Carlisle on November 5 and at Newcastle upon Tyne on November 11. It was now clear beyond doubt that it was not Mr. Hewitt's vehicle which had been weighed at a Newcastle upon Tyne weighbridge on October 4, 1957, and was recorded as weighing 2 tons 9 cwt. On that day Mr. Hewitt's vehicle was operating in another part of the country.

Whatever may have been done by other parties, Mr. Hewitt had acted with good faith throughout the long proceedings. He had now appeared at an inquiry of one sort or another on seven occasions.

The worry and anxiety he had undergone had such an effect upon him that he had "a most serious operation" and as a result it might be that he would have to give up his calling.

Replying to Sir Hubert Hull, the president, Mr. Wardlaw said he would think that Mr. Hewitt had the "right of action" against a man who had led him into difficulties while acting as his agent in the matter.

No action had been contemplated while the present proceedings were in progress.

The Tribunal reserved its final decision.

ILIL(67) OUT: TWO CONCESSIONS

HAULIERS have until next Friday to make representations to the Road Haulage Wages Council against proposals contained in R.H.(67). They provide (a) for an employee who works on a customary holiday to have a day off in lieu, as well as double time foi. working on that day, and (b) for the special payment of 8d. an hour for night work to be made between 7 p.m. and 6 a.m. That payment will not be made for duties beginning before 7 p.m. and finishing not later than 9 p.m.

70-MILE PIPE FROM FAWLEY

A70-MILE pipeline is to be laid between the Fawley refinery of the Esso Petroleum Co., Ltd., and the Severnside works of I.C.I., Ltd., Glos. It will be used for the delivery of ethylene. and may be completed by the end of 1961.


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