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Tribunal dismisses railway appeal

14th June 1968, Page 32
14th June 1968
Page 32
Page 32, 14th June 1968 — Tribunal dismisses railway appeal
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Which of the following most accurately describes the problem?

• An appeal by British Railways Board against the granting of an A licence for two vehicles in the fleet of George McLennan (Dundee) Ltd. by the Scottish deputy LA has been dismissed by the Transport Tribunal in a written judgment.

Towards the end of the inquiry the deputy LA suggested that the respondent company give an undertaking that "if this application is granted the two vehicles will in the main be used, subject to slight fluc tuations in the number of wagons being received at the West Station, Dundee, entirely for Coal Handling (Dundee) Ltd."

The company gave this undertaking and the deputy LA subsequently granted the application. At the hearing of the Transport Tribunal, however, • it was British Railways' contention that the proved need could have been satisfied by the granting of a B licence in the terms of the undertaking given by the company. Alternatively, if the respondent had wanted an A licence, it should have made a declaration of normal user similes to that made on the grant of the short-term licence.

The Trihunal, on the other hand, could see nothing in the terms of the company's undertaking to the deputy LA which was in any way inconsistent with the granting of an A licence.