Putting the Case for the Industry
Page 49
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Mr. L. Burgin, Minister of Transport, Receives an Important Deputation from the British Road Federation
0 N July 'S, a deputation from the British Road Federation was introduced to the Minister by Captain W. F. Strickland, M.P., secretary of the Parliamentary Road Group. The deputation made proposals for alterations in the procedure of the Licensing and Traffic Courts.
The following spoke in support : Messrs. A. Coombe (chairman, Operators' Committee, B.R.F., and representative N.A.F.W.R.), Norman Letts (A.R.0.), R. W. Birch (C.M.U.A.), R. Gresham Cooke (secretary, B.R.F.), and Major J. G. G. Mellor. In support, were Messrs. W. A. Winson (C.M.U.A.), J. H. Turner (Road Transport Employers' Federation), and several members of the Parliamentary Road Group.
During the past six years, in the case of the 1930 Act, and three years in respect of the 1933 Act, sufficient experience has been accumulated to show that they need revision,, particularly in the procedure for granting licences for passenger and goods vehicles.
Validity of Goods-vehicle Licences. . • The vehicles authorized under the respective licences are: A (including contract), 91,567, or 3.49 vehicles per licence; B. 53,061, or 1.57 vehicles per licence; C, 324,233, or 2.04 vehicles per licence. The validity is, respectively, two years, one year, and three years.
Road service licences for passenger vehicles are valid for one year, but for stage-carriage operations are to be extended to three years. This concession, however, does not apply to express-carriage services.
Certain aspects of the procedure have been critically examined. Renewal applications have given a clear indication of many points on which amendment is required before a permanent licensing system can be regarded as satisfactory. Alterations may involve amendment of Acts of Parliament, revision of regulations, and changes in the practice of Traffic Commissioners, Licensing Authorities and the Appeal Tribunal.
Security of Tenure Essential.
To provide stability for the operator, an application for a renewal should not be objected to unless, in the case of goods transport: (a) the applicant proposes to increase the total carrying capacity, and then only in respect of additional vehicles; (b) has not, in the ordinary course, been using an average of SO per cent. of his fleet; (c) has been guilty of wilful or continuous breaches of conditions. In the case of passenger vehicles: (a) an operator proposes to modify his operations; (b) there is such change in the ownership or management as to put the business in fresh hands.
As well as the automatic renewal of licences, it is necessary, to achieve stability, that the duration be extended to a minimum of three years in all cases.
A shoit currency period means insecurity, reflecting on trade, an operator does not care to embark on purchasing new vehicles, and the public and trader cannot rely upon him securing a re-grant in the face of objections, even from those who unsuccessfully objected before. In short, the operator's goodwill is in jeopardy.
Modification of the law, would lead to simplifying licensing procedure, which is so necessary. Cases are often long; arduous and expensive, and it should be possible to 'present an application properly without necessarily incurring the cost of legal advice and the assistance of an advocate.
Onus of Proof on Objector.
Objectors should be placed in the same position as those -to any other lawful activity. They should be required to prove their cases rather than make operators prove theirs. The onus of proof that transport facilities would be in excess of requirements if a licence were granted should be upon the objector.
The railways' complete freedom to object to licences without real justification produces instability, and the operator is given no reciprocal rights to interfere with railway matters or to appeal before the Railway Rates Tribunal.
The Traffic Commissioners and Licensing Authorities should have jurisdiction over those railway services alleged by the railways to be affected by a roadoperator's application.
By many decisions of the Appeal Tribunal, objections can cover a wide field, and applicants are put to much expense because their advisers have to investigate matters which, at the hearing, are not inquired into. It is submitted, therefore, that the particular points of objection should be delivered to applicant and Licensing Authority at least 14 daysbefore the hearing, and the objector strictly limited to the initial points.
The use, for canvassing applicant's customers, of information obtained by objectors at inquiries should be rendered impossible. Details of customers or rates should not be disclosed without the applicant's consent.
The Acts have operated practically to prevent expansion of the industry. It is difficult to give precise proof of public need, but no reserve of vehicles not fully used is allowed. The result is that, on the goods side, an operator cannot fulfil an order to a new customer above his regular work, and, on the passenger side, cannot. provide facilities to meet changing requirements and normal trade expansion. The basic years were times of great depression and operate adversely on the revived activity in trade.
The application of the 1933 Act in connection with mergers and closer working is too rigid. The definition of .a "holding company" as being one that is the owner of not less than 90 per cent. of the capital of the "subsidiary company" should be altered.
Traders Object to Being Witnesses.
The attendance of traders at Courts and the taking of evidence from them creates difficulties. Traders are dissatisfied at the loss of time and annoyed at so often being treated by objectors as hostile witnesses.
For these reasons and others, the public and a great body of traders all over the country are alarmed at the working of the Acts, as exemplified by the fact that many Chambers of Commerce have passed resolutions deploring this, and asking that an inquiry be held into the procedure and into the way members of the travelling public and traders are deprived of their freedom of choice of transport.