Unfair or Unreasonable Charges
Page 58
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SECTION 22 provides a measure of protection for anyone who is compelled by force of circumstances to send merchandise by rail against what the Act calls "unreasonable or unfair" charges. He is given the right of complaint to the Transport Tribunal when the merchandise in question cannot reasonably be carried by means other than by rail and he considers that the charges which he is expected to pay are unreasonable or unfair [S. 22 (1)].
If the Tribunal are satisfied that the goods cannot reasonably be carried by any other means, they may require the Commission to disclose to the person complaining the charges for similar goods carried in similar circumstances between any other specified places. Alternatively, the Tribunal may proceed directly to consider whether the charges complained of are unreasonable or unfair, and they may still do this if, having ordered the Commission to disclose the comparable charges and the Commission having done so, the complainant within one month of the disclosure gives notice to the Tribunal that he has not withdrawn his complaint [S. 22 (2) (3) (4)]. The onus of showing that the charge complained of was fair and reasonable lies on the Commission, and if they fail to satisfy the Tribunal on this question, the Tribunal may make any order that they consider just [S. 22 (5)1.
[Note that where the Tribunal order disclosure and the COntmission comply, the Tribunal will not proceed any further without notice to then': from the complainant within one • month of his continued dissatisfaction. When considering whether the goods c tttttt ot "reasonably" be carried by any other means, all such obvious matters as size, weight and the nature of the goods will be taken into account, but so presumably will be other matters, such as location, expedition and availability of competing forms of transport at the material time. This list is clearly not e...haustive. Note also that it is for the Commission to clear themselves of the accusation of an unfair or unreasonable rate. A charge might presumably be unfair and yet not unreasonable and vice versa. 'These are both complementary and alternative.]