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Appeal Decision Specifies Trailer

12th March 1948, Page 29
12th March 1948
Page 29
Page 29, 12th March 1948 — Appeal Decision Specifies Trailer
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Which of the following most accurately describes the problem?

Platform Height

AN unusual feature of a decision recently given by the Appeal Tribunal is the specification of the minimum platform height of certain trailers.

The appeal was by Mac's Motor Transport and Crushed Gravel Co., Ltd., against the West Midland Deputy Licensing Authority's refusal to grant A licences for some vehicles which had been operated at the outbreak of war. Before the war the comparty was authorized to use 16 vehicles (57 tons) under A licences and two vehicles (31 tons) under B licences.

In November, 1946, the concern made an application which was later amended to cover 16 vehicles (57 torts) and two trailers (81 tons) under A licences, and two vehicles (61 tons) under B licences.

The Deputy Licensing Authority granted B licences for two vehicles and A licences for five vehicles (13 tons). The balance of A-licence tonnage was refused and was the subject of appeal.

Because of war conditions, the appellant operated only two vehicles during the war, although defence permits for five vehicles were held. The nature of the business had been changed since • 1939.

The Tribunal found that the supporting evidence was" not very strong." The only figures showing the-extent of vvort done in 1939 and since that date were uncertified statistics of tonnages carried. Witnesses from customers were, however, called, but only one of them suggested that there had been great difficulty in obtaining adequate transport. That witness had also given evidence in support of an application by Wright Brothers (Wolverhampton), Ltd., another transport concern, and the Tribunal took the view that his evidence was somewhat exaggerated.

The Tribunal considered, however, that there was room for additional transport in the Wolverhampton district for the basic industries which had been established in the locality. Twenty-four of 47 of the appellant's main customers were already also customers of Wright Brothers (Wolverhampton), Ltd., which had been granted a large increase in tonnage, and the Tribunal was satisfied that to ensure that transport in the locality was adequate the appellant's vehicles should be increased.

As in the Walker case, the Tribunal pointed out that applicants for licences to replace defence permits might well be authorized to operate vehicles of a tonnage not exceeding that operated before the war, without requiring special evidence of any change which might have occurred in the nature of the traffic carried or in the customers for whom it was carried.

The appellant is to be authorized to use seven vehicles (about 21 tons), including two tractors, and two trailers

(41 tons each) for operation with the tractors. The trailers are to have platforms not less than 3 ft. 6 ins, from the ground, to prevent any possibility of the creation of wasteful competition by the use of low-loading trailers.

During the hearing of the application there were suggestions that the appellant was in some way closely associated with another transport concern, but these allegations were denied and were not established. The Tribunal has ordered that at the time when each vehicle is specified, a statement similar to that contemplated by Section 5(2)(c) of the Road and Rail Traffic Act, 1933, shall be submitted, showing that no agreements or arrangements as mentioned in that section of the Act have been effected.

Should there later be a sale of the goodwill of the business, or of shares or an interest in the company, the Licensing Authority will be able to consider whether the circumstances indicate that the statement which had been made to obtain the licence or the authorization of any vehicles had been incorrect. The appellant is to pay £10 10s. costs jointly to the Railway Executive, Hay's Wharf Cartage Co., Ltd., Car Conveyance, Ltd., and C. and L. Transport Co., Ltd., the resnondents. REMOVAL CHARGE REDUCED ON APPEAL

Oo an appeal by Mr. M. I. Michaels, 15, Stanhope Road, London, N.6, Sir Alfred Faulkener, Eastern Regional Transport Commissioner, has reduced charges made by Messrs. Bedford Carriers, of Bedford, for the removal of certain furniture from Mauldcn. Bedford, to Highgate, London.

The furniture comprised a bedroom suite and some other articles, and a charge of £10 was made for the work. The applicant claimed that the manhours involved were unlikely to have exceeded six and that the direct mileage to the address in London was 41. It was further claimed that no special packing or boxes were supplied by the hauliers.

Messrs. Bedford Carriers said that the furniture was removed from Maulden to Bedford, a distance of 10 miles, and was held there pending settlement of the account. A sum of £2 IN. was charged for the journey from Maulden to Bedford, and £7 10s. for the final stage to London.

Sir Alfred Faulkerier, who was assisted by Mr. Clifford King and Mr, L. A. Carey, representing hauliers* and traders' interests respectively, concluded that as the journey from Maulden to Bedford was made solely for the respondent's benefit, the cost of the extra mileage should not be passed on to Mr. Michaels. The charge has been reduced to 17 12s. 6d.

BUTYL HOLDS AIR BETTER ARGE-SCALE tests of inner tubes Lamade from butyl are, despite certain difficulties, being continued at Fort Dunlop.

"Production must be restricted at present because supplies of butyl have to be obtained abroad and because certain technical and production problems still need attention," a Dunlop official explains, "but we find that this synthetic rubber is 10 times better than natural rubber in resisting the passage of air through the 'Walls of the tube.

"1n other respects, such as elasticity and resistance to injury, butyl is very similar to natural rubber in its general suitability for inner tubes."

37,000 MILES: 0.001-IN. WEAR QPEAkING at a luncheon in London last week, Mr. F. R. G. Spikins, chairman of the Laystall Engineering Co., Ltd., claimed that a commercialvehicle engine with Cromard cylinder liners had covered 37,000 miles and that wear was less than 0.001 in. He also said that taxicabs had . covered 50,000 miles with similar results.


DURING January and February, the Ford Motor Co., Ltd., exported three times as many vehicles as during the comparable period of 1947. During the first two months o. the year, exports exceeded those of the first five months of 1947.


THE diamond jubilee of the day on which pneumatic tyres were first used (February 28, 1888) was celebrated In May Street, Belfast, where the tyres were invented and at Fort Dunlop.

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