Tribunal Reserves Decision on Hayton Appeal
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DOUBTS as to the legal sanction for• Aand B-licence grants for less than the normal span perplexed the Transport Tribunal on Tuesday. It reserved its decision in the appeal of G. Hayton, of Aspasia. Cumberland,against a decision of the Northern • Licensing ,Authority.
Mr. R. Yorke. appeared for the appellant. British Railways Board. 'responding, were unrepresented, probably because, in Mr. yorke's view, theif interests in the long-distance carriage of pig iron and steel were not threatened.
Following a number . 'of records offences and a fire -which.: Had' destroyed all Flayton's haulage records, said Mr. ,Yorke. the conditions' of a two-Vehicle B-licence renewal _application were limited by the LA. Flour and feeding'stuffs previously authorized fOr 50 miles were cut down to-25 miles. and the mileage radius authorized for West CumberlandFarmers' Trading ,Society was .reduced from 160 to 25. The LA had made a grant in terms where there was no evidence of need and refused to authorize work for which there was
• evidence. submitted Mr. Yorke.
Principal support for the application, he continued, came from Craig's Transport Agency. a clearing house, of Carluke, Scotland. Despite the evidence of the proprietor, and some £700-worth of work done for Craig's under _a short-term • licence, the LA took a jaundiced view of support from a clearing house. The fact that the clearing house was in another
• area. Mr. Yorke went on, had never been regarded as a. handicap when it was the principal customer who Was concerned. The LA could have approached the West Midland and Scottish LAs on the matter. As it was, he said, the action of the LA • was absurd and meaningless because it .excluded work that had been done for some time and included work that was not required.
A Haulier—or Not • Conceding that Haytort's book-keeping
• and records were not up to standard, Mr. Yorke quoted from the -LA's decision which said. inter Hayton was "quite unfit to bold.a licence for longdistance haulage.The LA. had not taken action under Section 178, said Mr. Yorke, and it was wrong to bold that a hatilier could be licensed for short-distance work yet regarded as unfit for longdistance. Either he was, or was not. fitted to be a haulier.
Mr. Yorke contended that the renewal should have been granted as applied for, possibly for one year, subject to proof • of satisfactory conduct and; record keep ing. ThiS would have given Haytort a chance to put his "house in order under
the supervision of the ,LA. He con,. eluded: " LAs always assume theY have -this power and act accordingly."