CO-OP LOS! VEHICLES FOR A YEAR
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giving his decision to suspend a tot of 22 vehicles after he had heard two case of bad fleet maintenance at Kirkcaldy laE
week, Mr. L. A. Wells, Scottish deput Licensing Authority, left the road transpoi industry in no doubt as to the length c sentences to be imposed to ensure tha vehicles were given the degree of mainter ance necessary to make them safe.
The first case was against the Dunfermlin Co-operative Society Ltd.. represented b. Mr. A. T. Wood.
The deputy LA said that the case hal arisen through a random check of part c the fleet, showing that there was a seriou case of neglect. A full inspection wa organized to cover the 100 vehicle authorized, and 19 immediate and 21 delayed prohibition notices were issued. Thi was to be expected, as only mechanica failures were maintained and vehicles grease( between 8 a.m. and 5 p.m. The vehicles wen out on deliveries all day so that only thos1 which were back before 5 p.m. wen lubricated.
Mr. W. R. Fenton, a Ministry vehicli examiner, gave evidence that 19 of th4 vehicles were a danger to the public at tin time of the inspection.
Under cross-examination he denied tha the vehicles could be considered safe fa local deliveries. He admitted that much ha( been done by the Society to redeem th( situation and said that the new workshor was good, but was only adequate for par of the fleet; a large part of the work woulc have to be hired out. Mr. Fenton said that on vehicle had been in an accident when the nearside suspension gave way and the vehicle crashed into a tree.
Mr. A. Emslie, managing secretary, admitted the neglect but denied parsimony by the firm and assured the court that the position had arisen because the vehicle defects had not been reported. A new policy had been arranged and would be carried ow to ensure safety. Approved vehicle record sheets had been prepared.
For the Society, Mr. Wood submitted that under Section 178 sub-section (4), punishment could only be meted if wilfulness and frequency were proved. Any punishment he said would disturb the customer.
Giving his decision to suspend for 12 months the 19 vehicles which had been prohibited under immediate notice, Mr. Wells said that the firm was careless of public safety and showed a lack of consideration. He felt there was a lack of organization and general mismanagement. The vehicles, he said, were in a terrible condition. But he was pleased that so much was being done to redeem the situation. Even so, he could not let the case pass unpunished. He would be ready to reconsider the position when he was really satisfied that the fleet would be maintained. second firm called was A. B. Cant )uilders and contractors, Dunfermline.
A examination had shown that little, r, time was spent on the necessary
mance. The maintenance system only xl that mechanical failures were put f reported by the driver.
immediate prohibition notices had ssued on the fleet of eight at the time of amination.
behalf of the firm, Mr, A. B. Cant xl the deputy LA that he was not pting to save by neglecting his vehicles.
t that a lot of the trouble arose through on rough sites. Mr. Wells read the recorded and could not accept that were of the type which could arise gh that cause.
. Cant said that he had no further evi, in mitigation but he now saw the need :hide maintenance and would spare ig to keep his vehicles safe.
Wells decided that three vehicles d be suspended for 12 months.
Squibb's rejoinder
F. president of the Transport Tribunal, dr. G. D. Squibb, QC, in a personal stateon Tuesday, said that a certain publication COMMERCIAL M0T0R--Ed.1 had stated se Tribunal insisted on representations being by members of the Bar. He wished to draw on to Rule 27 of the Tribunal which made it that this was not the position. Both parties appeal currently before the Tribunal were ented by solicitors, he noted.
Traffic Cases
E latest volume of Traffic Cases (Volume 32 rt 8) was published this week by HMSO. lanes of the arguments of the parties ; the Transport Tribunal and decisions in ses are given.
Be Cases, Volume 32 is issued to subrs only and costs 5 guineas per volume.