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B.R. "Change of User" Plea Fails

9th January 1959, Page 34
9th January 1959
Page 34
Page 34, 9th January 1959 — B.R. "Change of User" Plea Fails
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Which of the following most accurately describes the problem?

INACCURATE information on a licence I renewal application form can store up trouble for hauliers. The East Midland Licensing Authority, Mr. C. Hodgson, pointed this out at Nottingham, on Monday, when British Railways objected to an application by the Buckland Haulage Co.. Ltd., Heanor, Derbys, for the continuation of an A licence for a pole wagon. They wanted a normal user of "specialized traffic, Great Britain."

Mr. W. Morton, for Buckland, said. that Mr. L. Smith, now a minor shareholder, had held a licence since '1936. During the war his vehicle was converted for the carriage of round timber and a certain amount of prefabricated Concrete and steel was also carried.

In May, 1954, the business waS taken over by. the present owners and converted into a limited company. A normal user of "general goods. Great Britain" was then granted. There had been a failingoff in home-grown timber and the work was now mainly long lengths of steel and concrete. .

Answering Mr. A. J. F. Wrottesley, for the railways, Mr. Smith said that although a30 "round timber, Great Britain was the normal user granted on renewal in 1953, it was not the whole of his work.

In evidence, the company's secretary, Mr K. I. Searson, said the carriage of timber was only about 25 per cent. of the work when the business was taken over. The earnings of the vehicle for the 12 months ending December, 1957, were £5,812, and for the II months to November, 1958. £4,707.

Mr. Wrottesley submitted that in the seven months between the renewal in 1953 and the take-over there had been a complete change of user. Nine similar vehicles were operated in the Derby area and there were many spare,rail wagons. Granting the application, Mr. Hodgson said it was an interesting case. It was clear that the difficulties were due to inaccurate answers to question 7 on form GV1A.. In 1953, insufficient information was given and in 1954 ;On much was -.applied for. Although for a period the Main work was timber. Bucklancl's business had been general haulage for 30 years. They should not be penalized Simply for inaccuracies.