Trailer Weights Specified in Licences
Page 33
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YET ANOTHER ROUND IS LOST
WITH the dismissal by the Queen's 'Bench Divisional Court of the "trailer weight" appeal of Arthur Sanderson (Great Broughton) Ltd., the often expressed theory that Licensing Authorities have no power to specify the unladen weights of trailers in licences has been finally and irrevocably exploded. This could mean a tightening up of enforcement especially when licences are " renewed " and possibly a spate of prosecutions for those unfortunate enough to have been under the impression—as indeed most of the profession was—that the Road Traffic Act gave power to Licensing Authorities to specify on a carrier's licence the number and type of trailers to be operated.
The Sanderson company was convicted and fined a total of £15 with costs by Stokesley (near Middlesbrough) magistrates for using trailers at greater unladen weights than specified in its licence. An appeal was lodged and the case—which was said to be the first of its kind to come before the courts—was dealt with by the Lord Chief Justice and two appeal judges.
The point argued was whether the word
type" included unladen weight and, as reported in this journal two weeks ago, Lord Parker ruled that " type " must include a reference to unladen weight. (" One would say ", Lord Parker remarked, a two-ton horsebox, or a 10-ton horsebox.-) But. the Lord Chief Justice added, the licence allowed the use
of one or more of a number of trailers, and pointed out that section .167 of the 1960 Act allowed a greater latitude in the use of trailers than motor vehicles.
For the time being, then, the battle has been lost and the Sanderson company. like another Northern area-based operator, R.A.H. Transporters, who recently tried to clarify the position of length specification in licences before the High Court, has found that it has spent a considerable sum of money on.legal expenses with precisely the reverse effect to that which it sought.
1 echo the sentiments of one Northern area haulier to whom I spoke recently: "Why didn't the R.H.A. take a hand in this?"