Risk of Dual Grant : Appeal Tribunal's New Ruling
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TO avoid further " misconceptions " of the same kind by the West Midland Deputy Licensing Authority, the Appeal Tribunal, on an appeal by Bulwark Transport, Ltd., has given a ruling on the interpretation to be given to some of its earlier decisions, When the company applied for an A_ licence for a tanker vehicle to carry milk from the premises of Cadbury Bros., Ltd., Marlbrook, to all parts of the country, and for another vehicle to carry milk from the same base, as required by the Ministry of Food or the Milk Marketing Board, objectors submitted that an A licence should not be granted if the traffic all came from one customer. In refusing the application, the Authority stated: "The effect of these decisions [those of the Tribunal in Ridgewell, Barkley, Kerr versus Brown, Hardy and Price Bros.] is that an ordinary A licence should not be granted where it is clear that the whole of the traffic is for one customer. It is admitted that it is so in this case. The principle behind these decisions is the risk of the dual grant, and I consider that there would be a grave risk of such if this application were granted." "Sweeping" Decision Bulwark Transport, Ltd., appealed. The Tribunal considers the Authority's decision% "sweeping," particularly as some of the objectors had been granted A licences in the past for tankers meant to serve only one customer. "It is necessary to make it quite clear," the Tribunal declares, "that an applicant for an A licence ... is normally entitled to a grant irrespective of whether he proves that the haulage work which he proposes to carry is derived from one customer or several customers," Cadbury Bros., Ltd., had not wished to enter into a contract-A agreement with Bulwark Transport, Ltd., and the Tribunal adds that if the principle adopted by the Authority were generally applied, an unnecessary burden would be placed upon persons requiring transport facilities, and hauliers would be deprived, without good cause, of a legitimate field for business. However, the Tribunal states that its ruling in no way interferes with Licensing Authorities' free exercise of discretion in refusing an A licence if they be satisfied "by real evidence" that there is a risk of a dual grant. "Dual grant" is explained by the Tribunal as one in which a haulier obtains an A licence for a vehicle for employment for one customer and then enters into a contract-A agreement with the customer for vehicle, leaving himself free to operate the first for general work. "We are far from saying that the risk of an unscrupulous haulier attempting to obtain a dual grant is not to be guarded against by Licensing Authorities," says the Tribunal, "but before they take the extreme step of refusing to grant an application . . . they should first be satisfied by evidence that the previous conduct of the applicant as a haulier has been such as to make the risk not a possibility but a real probability."
The Tribunal considers that no such risk existed in the case of Bulwark Transport, Ltd.
The company's application was for the renewal of licences for the vehicles, which had been authorized by the Western Licensing Authority. Marlbrook is in the West Midland Traffic Area and on official instigation, application for renewal was made to the West Midland Authority. At the public inquiry, the objectors, Miers Transport, Ltd., Clark and Smith, Ltd., Mr. W. Carman and Mr. H. J. Lawrence, submitted that the application could not be treated as one for renewal of licences, because possible objectors to the authorization of the vehicles had never had the opportunity to voice their views to the Western Licensing Authority when relative licences or Defence Permits were granted. The Deputy Licensing Authority agreed that the application was for an entirely new licence and that the company had to prov6. need. In its notice of appeal, Bulwark Transport, Ltd.. contended that a prima facie case had been established that milk had been carried for many years and would continue to be carried. This was accepted by the Tribunal. The company's appeal is allowed with costs and the Authority is to be directed to grant its application.
Know1edge-7—..But. No Money
THE Ministry of Transport's view on expenditure on roads improvement was made clear in recent correspondence between Mr. A. A. E. Morgan, secretary of the British Road Federation, and Sir Cyril Birtchnell, of the Ministry. Mr. Morgan had forwarded a proposal of the-B.R.F. that Om, a year should be allocated for 10 years to research into the causes of road accidents. He cited the results of an investigation made in Oxfordshire before the war and submitted that similar work should be carried . Out on a national scale. Sir Cyril replied: "What we lack is not knowledge, but money to apply it. A sum of this order, for the purposes of reducing accidents, could be better employed, if we had it, to actual improvements rather than to research."
He pointed out that £25m. had been spent since the end of the war on major
improvements, The Ministry had always realized the contribution that improvements made towards road safety and it had been policy for many years to give high priority to grants to eliminate danger spots.
AUSTIN 25-CWT. TO CONTINUE IT has been officially denied by the Austin Motor Co., Ltd., that production of the 25-cwt. chassis is to cease. It was rumoured that commercial, vehicle production would have to be cut to make way for Ministry of Supply contracts.
Denying this report, an official of the company admitted that fewer 25-cwt. vans had been delivered recently, because of a strike in the bodymaking section.
SECTIONAL MAPS FROM ESSO
ACOMPLETE set of maps Covering the whole of Great Britain and Ireland, printed in eight sections and based on the Ordnance Survey Map, has been issued by the Esso Petroleum Co., Ltd. It is available at 6d. per section from Esso dealers. The scale is five miles to the inch and the routes are most clearly marked, the trunk roads being in red. Centres of population with over 10,000 are shown in yellow, and estimates of numbers given for cities and towns.
B.R.S. Quotes £220: Free Haulier £80
NAGRE charges were levelled at 'VI British Road Services last week, during the hearing before the Northern Licensing Authority of a successful application by Siddle C. Cook, Ltd., Consett, to -operate an additional tractor and trailer for' the carriage of abnormal loads.
Mr. G. V.Rodgers, transport manager of Cox and Danks, Ltd., Birmingham, said that B.R.S. had quoted 4265 to carry two large bridge sections from Portland dockyard to Birmingham. Cook's did the job for /120. The company had moved 50-60 tons of steel sections and girders from Team 'Valley, Gateshead,to 'Bimini
ham, after B.R.S. had quoted a price Which vo'ould have made the recovery of the metal uneconomic. In another instance, Cook's had carried a boiler for £80, whereas B.R.S. had quoted f220—inore than the boiler was worth.
Objections had been lodged by the Road Haulage and the Railway Exicutives, DRIVING SKILL RECORDED • MECHANICALLY
THE Aetna Roadometer, acclaimed in I America as the greatest step forward in the development of appliances for training drivers will be on view at the National Safety _Congress, organized by the Royal Society for the Prevention of Accidents, at Central Hall, London, S.W.1, from October 2-4.
The Roadorneter combines steering, braking, acceleration, signatling and the use of the horn in a three-minute test. It automatically allots points to indicate a driver's proficiency throughout a series of , nine traffic _ episodes."route" over valich the driver proceeds
is shown on a screen. Slides portray accidents that might happen if incorrect action were taken.
It is hoped that after the Congress the Roadometer will go for a short period • to RoSPA House at Hyde Park Corner, London, where it will be available for public trial. , EXPORT, OPPORTUNITIES
A CALL for tenders for the supply of Z-1. 12 buses, .14 lorries and 10 trailers has been made by the Permanent Purchasing Commission, Treasury Department, Lc irenco,Marques, on behalf of the Ports, Railways and Transport Department. The buses required are for the carriage Of botiffirst and third-class passengers, and the lorries needed are specified as beingtif 22 tons gross weight.
• Further details can be obtained from the Commercial Relations and Export Department of the Board of Trade, London, &Vt.]. Closing date for the reception of tenders is October 10.
Ahmedabad Municipal Transport Service has invited quotations , for the supply of 30 oil-engined single-deck bus chassis. The specification calls for a wheelbase of between-15 ft. 10 ins. and 16 ft. 3 ins. Chassis suitable for 7-ft. 6-in, wide bodies and having four-speed gearboxes are preferred. Communica
a32 tions should be addressed to Mr. M. V. Patel, transport manager, A.M.T.S., Jamalpur Gate, Ahmedabad. Closing date for tenders is September 25.
OWNER-DRIVER SUCCESSFUL; B.R.S. OBJECTION FAILS A N ex-Serviceman who bought a lorry in 1946 and started business by making deliveries from Manchester wholesale grocers to Oldham retailers, was granted a licence for a second vehicle by the North-western Licensing Authority, recently.
. A previous application to add one vehicle had failed, and to deal with the work offered him, the haulier, Mr. Alfred Knott, was forced to make deliveries in the evening. He and his son worked 60 hours a week, it was stated.
The Road Haulage Executive objected. Reference was made to eight idle lorries at the White City, Manchester, depot which could handle the work. A witness supporting the applicant spoke of the personal service which he enjoyed from Mr. Knott.
HAULIERS RECOMMENDED TO RAISE RATES
FREE hauliers are recommended to increase their rates by 3 per cent. After a meeting of the Road Haulage Association's national rates committee on Tuesday, the following statement was issued:—
"Increases in running costs since the 'previous recommendation in May, 1951, have been such that an average increase of 3 per cent. on rates is justified from October 1 next, when the new wages scales for road haulage workers will be in force.
"It will be necessary for many 'hauliers to obtain this increase from 'their customers forthwith and the national rates committee will meet before the end of the year to review the 'position."
A spokesman of the R.H.A. was unable to say whether the committee was acting on assumption in stating that 'the -new wages scales would be in force -by Ociober 1, or whether it had advance information.
LEYLAND'S ENGINE ORDERS
AN order for 75 engines has been placed with Leyland Motors, Ltd., by Euclid (GR.), Ltd., for incorporation in British-built Euclid dump trucks. Fifty engines have been ordered from Australia for installation in Ansair rearengined coaches.
Tax Classes for Spraying Vehicles
AS the outcome of correspondence between the British Agricultural Contractors' Association and the Ministry of Transport, the following licensing classification for vehicles used in spraying has been arrived at:— Taxed at L2: Vehicles and machines specially designed to go on agricultural land for spraying, and constructed so that they cannot reasonably be used on roads for any purpose other than proceeding to and from sites of operation. Taxed at £10: Vehicles used for spraying and carrying water and/or liquid sprays, and used on roads. only when empty, if registered for the first time on or after January I, 1947.
Tax according to unladen weight: Vehicles . of which the load-carrying capacity is substantial in proportion to any mechanical Contrivance on the vehicle, and which are capable of being driven conveniently for some distance on roads with spraying solution.
NEW MOVE IN UNION • MEMBERSHIP DISPUTE
HIAVING failed to receive an assurance from Durham County Council that professional engineers shall not be questioned about trade-union membership when applying for appointments, the Engineers' Guild has asked the Minister of Transport to cease to pay from the Road Fund the grant which is made towards the salary of the Durham County Engineer.
The Guild believes that professional engineers employed by the council are subjected to compulsory trade-union membership. It has reminded the Minister of his Parliamentary statement that compulsory trade-union membership was incompatible with the conditions under which Road Fund grants were made, towards the salaries of municipal officers.
GARAGE NOT FOR PUBLIC USE TO restrain him from using his premises as a public repair garage, Wilts County Council served an enforcement order on-Graham Hillman, coach and taxicab proprietor, Typhoon Garage, Westbury. An appeal was lodged, but Westbury magistrates dismissed it.
Mr. Watts Ireland, for the appellant, said that the Minister of Town and Country Planning had recently allowed Hillman's appeal against the refusal of the county planning authority to let him sell petrol to he public from his garage. Mr. •J. Francis, area planning officer to the county council, stated that Hillman had never had specific permission to use his premises for the repair of vehicles for the public. To do so required -a chang: of usage for which planning consent had to be obtained.
Mr, R. P. Harries, for the county council, referred to the Minister's granting the change of a petrol pump from private to public use. This proved that to change a garage from private to public use also required planning permission.