Railways Swan-song?'
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A N appeal by British Railways Board PI against the decision of the North Western deputy Licensing Authority granting a 29-vehicle A licence to H. Evers Ltd., of Manchester, was dismissed by the Transport Tribunal in .London on Tuesday. The licence was granted to Evers last February.
:Mr. A. J. F. Wrottesley, for British Railways, claimed that the deputy L.A., Mr. A. H. Jolliffe, "misdirected himself" in his review of the evidence by Stating that the case was "in all respects similar" to the case of Clark v. the• British Transport Commission in 1962. But there were substantial differences between the two cases, said Mr. Wrottesley. Evers, at the time of their application. had -four associated businesses, and he submitted that the Clark decision was based on the fact that they were solely road hauliers. Mr. Wrottesiey also contended that the evidence of inconvenience to customers requiring delivery of coal and ore at the first hearing was insufficient to warrant the decision.
Appearing for Evers, Mr. R. Yorke submitted that. the deputy L.A.'s decision had been correct. The apPlication for A licences in this case had had the effect not of putting more vehicles on the road, but of taking some vehicles off. He said that British Railways hated road transport owners to have A licences and opposed all applications as a means of effectively preventing competition with rail operation, and up until the Merchandise Transport decision. in 1952 they nearly always succeeded. Since then they had almost always failed. "It might Perhaps be that this is their swan-song said Mr. Yorke.
Giving the Tribunal's decision, .the president, Mr. C. D. Squibb, said that the principle which was laid down with the Clark case was applicable in the present case.
Appeal Postponed : The Transport Tribunal appeal of Transport Holding Co. and Elliott Hauliers Ltd., against a decision of the North Western Licensing Authority, has been postponed until October 14.