One-vehicle Hauliers Lose Their Licences: No Right of Appeal
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A ONE-VEHICLE haulier whose IA lorry is deleted from his licence because it has not been used, and thereby loses his whole licence, has no right of appeal. This is the substance of a decision—the first on this point— given in London on Tuesday by the Transport [Appeal] Tribunal in two similar appeals by Welsh operators.
Mr. R. P. Tapp, of Pontypridd, was unsuccessful when he sought leave to appeal against a variation of his licence, which had the effect of revoking the licence completely.
After hearing Mr. Meurig Evans, for Mr. Tapp, Mr. Hubert Hull, president, said the Tribunal had no jurisdiction to hear the appeal. This would also be their view on the proposed appeal of Sidney I. Davies (Penygraig), Ltd., of Pontypridd, which they understood was a similar case.
The licence was varied by the South Wales Licensing Authority on October 21, last year, under Section 10 (3) of the Road and Rail Traffic Act, 1933. This provision enables the Authority to remove from a licence a vehicle which had ceased to be used. In Mr. Tapp's case, however, there had been only one vehicle.
Mr. Evans submitted that Mr. Tapp was able to appeal against the decision under Section 15 (1). He was, under this section, the holder of a licence who was aggrieved by its revocation or suspension, The effect of the Licensing Authority's action had been to revoke the licence in question.
Mr. Hull asked: "If there were two vehicles on the licence and he removed one, there would be no right to appeal; if there was only one vehicle, you have the right to appeal?"
Mr. Evans replied that this was his submission. During the hearing, Mr. Hull wondered why, the day after the licence was varied, Mr. Tapp had not applied for a new licence. Mr. Evans replied that, in his view, a licence was already in existence.
The Tribunal will issue a written decision later.