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Important Concessions to Passenger Transport ?

11th August 1933, Page 53
11th August 1933
Page 53
Page 53, 11th August 1933 — Important Concessions to Passenger Transport ?
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The Minister of Transport Replies to the 19 Questions Raised by a Deputation of Coach and Bus Interests

THE Minister of Transport has now replied to 19 questions raised by the deputation of road passengertransport interests, which met him on Jnly 25. The deputation was organized by the Motor Hirers and Coach Services Association, and those taking part inclnded representatives of the Omnibus Owners Association, Yorkshire Motor Coach Owners, Ltd., Tramways, Light Railways and Transport Association, Municipal Tramways and Transport Association, the Midlands Area Omnibus and Coach Owners Association, the Commercial Motor Users Association and the various local organizations affiliated to the M.H.C.S.A.

The deputation suggested that Section 19 of the Road Traffic Act should be amended to make it possible for representative bodies, either of employers or workpeople, to aeply to the Minister for variations of drivers' hours. The Minister points out that a new clause in the Road and Rail Traffic Bill provides for this proposal.

It was submitted that Section 25 should be reconsidered whit a view to providing simplified procedure for dealing with the question of weak bridges and their elimination from the more important roads of the country. The Minister shares the view of the deputation that steps should be taken to strengthen weak bridges and points out that, in spite of financial difficulties, £400,000 has, in the current year, been set aside for this purpose.

Amendment of Contract-carriage Law.

Stress was laid upon the need for amending that part of the Road Traffic Act dealing with contract carriages, to overcome the anomalies and confusion which at present arise. In reply, it is stated that recent decisions of the courts have indicated that the interpretation of the term "private party" is wider than had previously been understood, whilst that of a " special occasion" is narrower. The Minister will consider thd request for the amendment of the legislation and will consult further with the various interests • concerned as to the type of service which, in their opinion, should or should not be excluded from licensing control. It was requested that the Traffic Commissioners should be given power to renew licences of any class, where no variation of conditions is proposed, upon a simple application being made to the effect that renewal is desired. One of the associations represented on the deputation has recently taken part in an informal conference with a committee of chairmen of Traffic Commissioners in an attempt to suggest some simplified procedure in cases where the new licence sought is to be identical with that already held, The Minister welcomes the assistance of the other associations in this matter.

Placing the Onus on the Hiree.

. The deputation considered that he owner of a public service vehicle, who has made reasonable inquiries as to the use to which it will be put, should not be guilty of an offence because the user, without the knowledge of the operator, contravenes Section 72. The Minister, however, attaches importance to the maintenance of the full sense of responsibility on the part of the operator.

The Minister tas promised to consider the amendment of Section 74, with a view to bringing it into line with the analogous clause in the Road and Rail Traffic Rill. He also undertakes to consider further the suggestion as to the desirability of the Traffic Commissioners being empowered to grant road-service licences valid for three years (maximum).

The deputation submitted that an1, operator should have the right to object to the variation of the conditions of a licence of another proprietor, although the former did not oppose the original grant of the licence. Moreover, any licence-holder should have the night to apply for a variation of conditions, and to appeal, if that variation be not granted. The Minister is, however, not satisfied that the present system does not work to the advantage of all concerned.

One of the most .important recommendations was to the effect that an advisory committee should be appointed to advise the Minister, and that he should, before giving his decision on appeal, refer the matter to the committee.

The Minister's reply is that, apart from the objections which might be taken, to any sectional representation on such a body, the appointment of an advisory committee would involve considerable delay and additional expense. He is unable to adopt this suggestion. At the same time, he recognizes the importance which parties to an appeal attach to knowing the terms of the report made on their submissions. He has decided to make available to interested parties the reports furnished to him by inspectors who hear appeals. Where the decision of the 'Minister differs from the conclusions contained in the report, explanation will he given. It is proposed to apply the procedure to all appeal inquiries held after October 1.

Regarding a suggestion that the Minister should prescribe that the time for an appeal shall run from the date of publication in the issue of "Notices and Proceedings," in which the decision of the Commissioners is announced, the Minister will give full consideration to the representations made, in connection with the forthcoming revision of the Licences and Certificates Regulations.

All the foregoing recommendations were unanimously agreed by the various parties represented in the deputation.

Consulting Associations on Directions.

The Minister was asked to publish all directions issued by him, and the associations sought an opportunity of commenting upon them before they were made public. The Minister is, however, not prepared to promise, in all cases, to consult the organizations before issuing general directions.

In connection with another submission, the Minister states that the request that the whole of the conditions proposed to be attached to licences should necessarily be disclosed by the Commissioners at public sittings appears to be impracticable, because, in many cases, the conditions cannot be decided until inter-related applications have been considered.

Another important recommendation is to the effect that the power to suspend or revoke a licence should be exercisable by the Commissioners only on the recommendation of a court of justice, after conviction of more than one offence or breach of licence conditions, it was also urged that an Order for revocation or suspension should not take effect during the period in which an appeal could bc lodged, and then not until the appeal has been decided. The Minister was not prepared to consider these proposals, but points out that every effort will continue to be made to hear expeditiously appeals against suspension or revocation. These four recommendations were not wholeheartedly supported by the Omnibus Owners Association, the Municipal Tramways and Transport Association, and the Tramways, Light Railways and Transport Association. The next two submissions (and one which was withdrawn) were supported only by those three associations. One was to the effect that the Commissioners should have power to award costs against any applicant for a road-service licence, or against any objector, if, in the opinion of the Commissioners, the application or objection was unreasonable or vexatious. The Minister promises to consider the matter further when occasion for amending the Act may arise.

Finally, the suggestion was made that an operator should be able to move the Traffic Commissioners to revoke or • suspend a competitor's licence on the ground of the breach of a condition. The Minister is not convinced that the adoption of this proposal is at present necessary, but he may reconsider the question at a later date.


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