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Issue of licence wrong rules High Court

16th March 1973, Page 32
16th March 1973
Page 32
Page 32, 16th March 1973 — Issue of licence wrong rules High Court
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Which of the following most accurately describes the problem?

• Justices sitting at North Aylesford were wrong to issue a heavy goods vehicle driving licence to Mr Horace Ernest Albert Blackman, of Factory Road, Northfleet, Kent, three High Court judges ruled last week.

But because Mr Blackman telephoned the court to say he could not attend because of the rail strike, no action will be taken until he has had a chance to put any arguments before the court.

Lord Widgery (Lord Chief Justice) sitting in the Queen's Bench Divisional Court with Mr Justice Ashworth and Mr Justice Bridge, said Mr Blackman's application for a licence was refused by the Metropolitan LA.

He duly appealed to a magistrates' court against that refusal, and was issued with a Licence.

When the 1970 Road Traffic Act was introduced, said Lord Widgery, provision was made for long-standing drivers of heavy goods vehicles to claim a driving licence as they could not be expected to take a test.

However, to qualify for such a licence they had to show they had been in the habit of driving a heavy goods vehicle for at least six months of the year ending February 1 1970.

Mr Blackman had been banned from driving for six months of that year, and had not in fact driven a heavy lorry for a further 18 days of the relevant period.

Accordingly he was not entitled to a licence, said Lord Widgery.

"The magistrates seem to have decided that because he had been driving heavy vehicles from time to time since 1946, he was 'in the habit' of driving them," he said.

In doing so they had erred in law and made a wrong decision.

The court intimated it would allow the appeal by the Licensing Authority subject to any representation made by Mr Blackman later.

William Cowie has been appointed the British Road Services Group's director of Continental operations. He is responsible for the control of the centre of these operations at Felixstowe and of the Intermodal Groupage System Depot at Peterborough: he will be

based at Southern B RS hq at Potters Bar. Mr Cowie joined Southern B RS from Freightliners

Ltd where he was manager of the Birmingham terminal, having earlier established the terminal depot at Hull. He has also been manager at Dudley, Worcestershire.

Previously Mr Cowie was the first station manager of British Railways Eastern region at Newark and has also held similar positions throughout England and Scotland. At one time he was station harbour master at Mallaig, Inverness-shire.

Ian F. Scott, 39, has been appointed a director of Transfleet Services Ltd, the Stirling-based company providing a wide range of services to the transport and distribution industries. Mr Scott joined the company on its formation in 1969 as planning and development manager. He was previously director and general manager of Bell & Co, a subsidiary of Tayforth Ltd.

Donald Williams 49, National Carriers Ltd depot manager at Preston since 1970 is moving to Stoke-on-Trent depot, and is succeeded at Preston by Albert Lewis, 41, operations manager at Liverpool since 1969. Michael D. G. Masted, 34, has been appointed Imperial Coachbuilders Basildon Ltd divisional manager. Mr Maxted was previously chief production engineer of Crane Fruehauf Trailers manufacturing division.

Cyril Drew, who has been for a number of years with the King's Lynn haulage firm of Sommerfeld and Thomas Ltd, and is past chairman of the King's Lynn Sub-Area of the RHA, has retired after 48 years in the haulage business. At an Association sub-area dinner he was presented with a silver salver by the chairman, Peter Rose. Frank Ruggles (tyre sales manager of the Firestone Tyre and Rubber Co Ltd) has been elected president of the National Tyre

Distributors' Association, Mr Ruggles moved into the tyre business with Greenham Tyre Co in 1940, formed F. G. Ruggles Ltd two years later and remained there until it was acquired by Firestone in 1969.

Maurice Little, 38, who joined Southern Gas in 1952, has been appointed transport manager, following the recent death of Mr George Blundell, tm since 1962. Mr Little, who will also retain his present job as conversion manager will be assisted by C. A. Hunt as assistant transport manager. Mr Hunt was formerly fleet maintenance engineer.

G. L. Steele, Scottish northern area road transport manager for the National Coal Board, is leaving to become transport officer for the Southern Electricity Board. One of his previous jobs was transport utilization officer with the Scottish Gas Board.

Ian Alfred, 29, has been promoted south-west district superintendent at Windsor for London Country Bus Services; Patrick King, 45, is assistant. Mr King was previously a chief inspector at Guildford.

F. Ellis (G. K. N. Sankey, Wellington) has been elected chairman of the Shropshire area of the Freight Transport Association; A. E. Jones (Midland Poultry Holdings Ltd, Craven Arms) is vice-chairman, and P. Target Associated Family Bakers (Shropshire Border Counties Ltd Shrewsbury) secretary.

OBITUARY

We record with regret the death of George Blundell.

Mr Blundell, 60, has been transport manager to Southern Gas since 1962. He joined the industry in Southampton in 1 946 as group mechanical superintendent and in 1956 became assistant to the materials handling, transport and coal manager.


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