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Transport Tribunal

14th November 1958
Page 75
Page 75, 14th November 1958 — Transport Tribunal
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Keywords : Tribunal, Law / Crime

"Authority Descended in Arena"

STATEMENTS made by the Northern .Deputy' Licensing Authority when he heard an application by J. Stamper and Co. (Haulage), Ltd., Penrith, were strongly Criticized in London, last week. Mr. T. H. Campbell Wardlaw, for Stamper's, told the Transport Tribunal that the Authority had " virtually deScended into the arena, and was, in fact, giving evidence himself."

The company' were appealing over the decision not to grant them four fivetortners and an articulated outfit on A licence in place of four three-tonners and an " artic " on special A. Their appeal was resisted by the British Transport Commission.

Mr. Wardlaw recalled that at the original hearing evidence had been given that Stamper's had carried eightand nine-ton loads on their three-tonners. To this, the Authority replied that he knew of no three-tonner for which the manufacturers suggested a possible load of nine tons. He said he had looked through 17 catalogues, and produced two of them at the inquiry.

"It was controversial evidence upon which one could not cross-examine," said Mr. Wardlaw. "If this, practice were to develop it wonld make licensing applica tiens extraordinarily difficult.7 • • The main reason for seeking heavier vehicles was that Stamper's needed stronger , lorries for the traffic' they handled. About a third .of 'their work was for Massey-Ferguson, , Ltd„ of Kilmarnock. mostly carrying goods between. Glasgow and Birmingham. in both directions.. Some of the loads were tractors and combine harvester.s.. . The hearing was adjourned to a date to be hied,

Grant to Newcomer Upheld by Tribunal

FIVE Somerset hauliers who contested the grant of a new B licence to is newcomer had their appeal dismissed by the Transport Tribunal in London last week. The grant was made in May by the Western Licensing-Authority to Mr. K. G. Weaver, Ashcott, near Bridgwater, who had successfully tendered to Somerset County Council for carrying roadmaking plant and materials.

For other hauliers, Mr. C. R. Beddington ,daimed that when Mr. .Weaver tendered for the work "he had no lorry, no business, no licence and no experience." He sold a farm to venture into the haulage business, and offered to do the Council's work for lOt an hour.

The appellants were A. J. Parsons and Sons, Ltd., Coxley, WAS.; A W. Merriott, Compton Dundon, S-otnertoo; W.Viney. Ltd., Falwell, -Bruton; 'Cox's, Mid Somerset Transport Co., Ltd., Street; and B. Wynn and Sons, Bridgwater. ' Mr. Beddington pointed out that some of them had tendered for the work.

Mr. J, R. C. Samuel-Gibbon, for Mr. Weaver, declared that it was in the public interest that a local authority should be able to conserve public funds by accepting a low tender, irrespective of whether the haulier had a licence or a lorry at the time of making it. Mr. N. L. C. Macaskie, Q.C., a member of the TribunaLremarked that it appeared Mr. Weaver would drive his own lorry, so the figure of 10s. an hottr was not necessarily uneconomic.

Dismissing the appeal Mr Hubert Hull, president, said their reasons would be given later in writing.

Van Owner Told : Try Again Later

I T would be absurd to expect villagers to employ large hauliers for carrying small amounts of furniture in their neighbourhood, Mr. Hubert Hull, president of the Transport Tribunal, said in London last week. Many people wanting odd jobs done used a man without either an A or a B licence.

"I certainly have," Mr. Hull admitted. The Tribunal were hearing an unsuccessful appeal by Mr. Isiah Glover, Market Street, Shirebrook, Notts, against the Yorkshire Licensing Authority's refusal of a new B licence for his 35-cwt. van.

Conducting his own case, Mr. Glover said his C-licensed van was not large enough for big removal jobs, but he intended carrying odd items of furniture. Each week there were about 20 requests from villagers for him to carry out local removals.

He had carried some loads free for oldage pensioners, but for other small jobs he had accepted money. However, he decided to apply for a B licence after reading an article in The Commercial Motor earlier this year dealing with people in his position.

For the British Transport Commission, Mr. W. Vawdrey said no evidence had been called from the people who,. it was claimed, would be grateful for the Proposed service,'

Mr. J. W.. Mellor appeared for three other respondents—H; and G. Kettle, Langwith Junction: R. Shelton and Son, Warsopi and G. Forrest, Forest Town, Mansfield, He submitted that if Mr. Glover had carried any furniture for payment he had done so illegally. Rejecting the appeal, Mr. Hull said the evidence did not show sufficent demand, but he advised Mr. Glover to apply again if he could obtain evidence of work carried out. The fact: that Mr. Glover had done this work Innocently in the past without 'a licence should not he held. against him.

"We hope theLicensing Authority, if a fresh application is made, will take into consideration our view that the small man, available for doing small jobs within a small area, fulfils a very useful service," added Mr. Hull.


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