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'Country people' penalty remains rules Transport Tribunal

9th March 1973, Page 35
9th March 1973
Page 35
Page 35, 9th March 1973 — 'Country people' penalty remains rules Transport Tribunal
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Keywords : Law / Crime

• North umberland* haulier, Selby Morton and Sons Ltd, failed in its appeal in London on Tuesday to reverse a decision by the Northern LA to put five of its 15 vehicles off the road for six months.

At a previous hearing, the Northern LA,' Mr J. A. T. Hanlon, heard that the company had received 20 GV9s since the licence had been granted and 38 in the past five years, There had also been a conviction for overloading.

Mr Hanlon said the company had many convictions for over-loading from 1962, with two in 1970. They also received a warning in June of the same year.

At the Tribunal hearing, Mr T. H. Campbell Wardlaw, for the company, said that the LA's decision was too severe and harsh on the well-established family business.

Dealing with An overloading offence on May 18 1972, he claimed this was the overloading of an axle, not the whole vehicle. Overloading an axle would give no gain to an employer, he added.

And he argued that the LA should have differentiated between immediate and delayed prohibitions. "An immediate prohibition means that there is a risk to the safety of the public, but with a delayed prohibition, there is no risk to public safety," he said. On being questioned by Sir Wilfred Morton, a mtmber of the Tribunal, on the company's maintenance records, Mr Campbell Wardlaw replied: "Their record is not a good one and they are not proud of it. But it is not as bad as it looks."

He went on: These are country people — right out in the wilds almost -and they may have thought that in their isolation, they need not be so careful with their book-keeping."

Dismissing the appeal, The Tribunal gave the company two weeks to comply with the LA's ruling.

Tags

Organisations: Transport Tribunal
Locations: London