B.T.C. Win One Appeal
Page 46
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and Lose Another
BitITISH Road Services should not be placed in a worse position than any private road haulier, Mr. G. Mercer, representing the .British Transport Commission, told the Tribunal when the Commission appealed against the decision of the Western Licensing Authority to grant Mr. P. G. Furnell, of Sandy Lane, Upton. Hamworthy Junction, near Poole, an A licence for one vehicle, with normal user mainly carriage of goods for Marley Tiles. Ltd: •
Mr. Mercer said that 'a witness for Marley Tiles, supporting Mr. Furnell's application, said that he had not used British Road Services for four years. It had been stated that Mr. Furnell would have return loads of bricks. A witness for British Road Services had said the brick traffic in that area was most valuable to British Road Services.
Not Unsuitable
'Mr. Mercer submitted that there had been evidence of availability of foreignbased British Road • Services vehicles to do the work and there had been no evidence to show that British Road Services were unsuitable. It must be concluded that they could have been used.
" Marley Tiles are not forced to use British Road Services, but British Road Services must not be in any worse position than a private haulier," he said.
Announcing that the Commission's appeal would be upheld, the President, Sir Hubert Hull, said there had been a most striking decline in the traffic offered to Mr. Furnell by Marley Tiles.
"It is impossible to conclude that at the date of the application at the end of May, the vehicles Mr. Furnell chose to employ on this traffic were being used to their full capacity," he said.
In order to give Mr. Furnell a little time, the Tribunal's decision would not be effective until January I, APPEAL ALLOWED
AN appeal to the Transport Tribunal in London last week ended within a few minutes with an agreed order. Mr. P. D. Dyer, trading as Dyer Supplies, of Stewartsby. Close, Edmonton, had appealed against the Metropolitan Licensing Authority's refusal to grant him a B licence for one vehicle.
Sir Hubert Hull, chairman, asked Mr. Dyer if he would be satisfied if he were given the right to carry for reward, ladders, scaffolding and furniture within 20 miles. Mr. Dyer replied that he would.
Sir Hubert added that the Tribunal did not want to authorize him to indulge in normal furniture removing, and Mr. Dyer said he entered " furniture" only to cover certain hospital furniture.
The B.T.C. made no objection.
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THE British Transport Commission unsuccessfully appealed to the Tribunal against a decision of the Western Licensing Authority to grant Mr. R, J. Hardwick, of Bell Barn Road, Westbury-on-Trym, an A licence for his five vehicles which were formerly on Fl licence.
Mr. Hardwick wanted to make longer journeys starting from Bristol Docks, as well'as local ones.
Mr. G. Mercer, for the B.T.C., said it appeared that Mr. Hardwick was a specialist in dock work. Under his •B licence he was able to do short-distance work but had to sub-contract for longer journeys. This was considered imsatisfactory.
Tou Much Scope
Mr, Mercer submitted that it would have been sufficient to extend Mr. Hardwick's radius without granting him an A licence. It was not a case where such a marked increase of scope should have been given.
Mr. J. R. C. Samuel-Gibbon, for Mr. Hardwick, said his client was asking that when abnormal occasions arose he should be allowed to go outside the ambit of the limited restrictions on the B licence. Such an occasion was when, through shipping difficulties, a cargo intended for Avonmouth had to go elsewhere.
Announcing the Tribunal's decision, Mr. N. L. C. Macaskie said: "In oui view Mr. Hardwick has just managed to make a sufficient case to justify the grant. It was clear from the evidence that Avonmouth is becoming a more and more important port and that Mr. Hardwick provides a specialist service."