Steel-carrying Appeal Before High Court
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THE Court of Appeal on Friday reserved judgment in an appeal by three road hauliers challenging a decision W.the Transport Tribunal in favour of R.A.H. Transporters Ltd., of Darlington, which removed limitation on the length of semi-trailers used by the company.
Previously, they had been granted an A licence by the Northern Licensing Authority to use four articulated trailers not exceeding 35 ft. overall length and one not exceeding 36 ft.
The appellants—Siddle C. Cook Ltd., of Consctt, Sunter Bros. Ltd., of Northallerton, and A. Stevens (Haulage) Ltd., of Middlesbrough—specialize in transporting long lengths of steel in Co. Durham and contended that present transport facilities were adequate and that the Tribunal's decision was not in the public interest.
Mr. E. S. Fay, Q.C., for appellants, said it was a principle of licensing that where vehicles could not be identified by index numbers they were to be identified by type.
The word type had to be interpreted in the light of the Licensing Authority's function and the objectors' rights of objection. Ordinary articulated trailers and "trailers constructed and normally used for the conveyance of indivisible loads of exceptional length" were different "types ".
Counsel said although a Licensing Authority and the Tribunal had discretion to grant an application for a different " type " to that applied for, that discretion had to be exercised in the light of a correct decision on the question of "type ".
The Tribunal probably came to a decision that all platform semi-trailers were of one type. If they did not so decide, their failure had left Licensing Authorities and the haulage industry without the guidance expected from an appellate court on a matter of tremendous importance.
Surprising and Unreasonable Mr. Richard Yorke for R.A.H. Transporters, said 83 per cent of the trade carried by them did not compete with the appellants. The Licensing Authority's decision had the effect of taking away the remaining 17 per cent of their trade.
R.A.H. Transporters had been carrying long lengths of steel for four years and it was surprising and unreasonable for the Licensing Authority to refuse to renew the licence as before. This was in view of the fact that one month after the Transport Tribunal decision, in the present appeal, the appellants applied for and were granted 11 more vehicles of the type used for carrying long lengths of steel. If there was a surplus of vehicles it was clearly wrong to have granted licences for a further 11 vehicles.
Lord Justice Sellers said he felt the whole matter was in a very unsatisfactory position. The Transport Tribunal had not answered the question as to whether the licence granted to R.A.H. Transporters covered the use of the "exceptionally long" vehicles. The matter was left in the air; a licensee ought to know precisely what was covered in the licence so as to avoid litigation.