When Is a Haulier "Established " ?
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WHAT is an established ',haulier? This point was discussed at LiverpOol, last Week; before Mr. W. Cham berlain,. North-Western Licensing Authority, when Mr. F. .E. V,aughan, 89, Bankfield Road, Liverpool, applied for a renewal of his A licence for two vehicles (8 tona) to carry bottles and general goods mainly:to the south. Mr. Eric • Errington? M.P., , for the applicant; _said that he carried mainly _for the Garston Bottl Co., the" business of which -had increased in that direction.
Mr. Vaughan, who said that he entered ..the haulage, industry, in September, 1933, agreed that -he was granted -his original licence to run into Scotland for Messrs. Pitt and Scott, a clearing house. Mr. Chamberlain pointed out ,to Mr. Errington that as the firm for whom Mr. Vaughan was working arranged for transport, he could not insist on a contract licence.
Mn, G. H. P. Beatnes, for, the railways, contended that.141r._Vanghan was " a lucky, man," because he obtained his licence before the Enston ease,had been finally decided by the Appeal Tribunal. That case and succeeding decisions, such 4:s those of Barldsly and Hawker, showed clearly_ that ifMr. ,Vaulthan had applied after that time, he would have stood no chance at all.
In ,1935, he ,gave up working. for the firm responsible for his . introduction into the. industry and commenced operating for a different concern. In effect, he said that the work for which he, was originally licensed was . no longer necessary and he Must look for other business.
.. Although Mr. Vaughan was now in the industry, could he be described as an .established haulier? . In the Barkley appeal, the .Tribunal found that an established haulier was a man who started before March 31, 1933. In his view, _ the applicant must establish himseli: as a newcomer and show
Changes that Disturb the Transport • :He had been licensed to do certain . work _and,: although it ,would be said that an :_A-licenee,baulier, was never intended -tube routed, when an appli.
. cant was granted ,a licence for a partictilar, purpose, and 18 .mcinths later changed -. his .direction and class ol goods,. -a: disturbance of the transport pool took_ place. .
The ,Authority had to regard thix application in an entirely different light from a straight renewal, and there was a number of matters,. to be Considered; , such as the question 01 contract. .
" This case raises a very important new point of principle, which hitherto, has certainly not beer decided by the Appeal Tribunal," in added, "and it is a matter whict might have far-reaching effects. It it wrong . . that a man can come for ward and have his licence granted re freely when he alters the character e his work altogether."
Mr. Chamberlain: "Did I not, ix granting him a licence, establisl him?"
Mr. Beames said it was rather ax interesting point, but he did not con sider even then that Mr. Vaughan wa all established haulier.
The hearing was adjourned.