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Penalty too harsh Tribunal
Page 69
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AN appeal by C. Rudman and Sons Ltd., Bristol, against revocation by the Western Licensing Authority of a C licence for all 12 vehicles used in its business as a coal merchant was partly successful before the Transport Tribunal.
The Tribunal said in a written decision this week that it was obviously a case under Section 178 which called for a substantial penalty but it was clear that Rudrum could not apply for another C licence before December 1. The effect of the LA's decision—based on four proiltion notices and the firm's previous record— was therefore to put Rudrum out of business
completely until that date.
This was too harsh a penalty to impose at the present stage though if Rudrum did not mend its ways there might be no alternative to it.
"We feel that having regard to the fact that the slack period of the year in the coal business is approaching justice would be met by suspending four vehicles for eight months and another three vehicles for six months."
The vehicles were to be selected by the LA and the suspension would take effect from April 1.
In another written decision, the Tribunal rejected an appeal by M. J. Woodhouse, Lancaster, against the refusal last October of the North Western deputy LA to vary his A licence by the addition of three tippers.
There was no evidence that there would be all-the-year-round work for another three vehicles and the Tribunal had to take into account the fact that normal user for one vehicle in his fleet had not been complied with.
HAULIER AT INQUIRY
COMMERCIAL MOTOR understands that the Metropolitan Licensing Authority, Mr. D. I. R. Muir, is to consider on March 20 the previous conduct of Davis Bros. (Haulage) Ltd., of Wapping High Street, London El, under section 174 of the Road Traffic Act.
The company's A-licence continuation application involving change of facilities, vehicles and trailers for a substantial fleet and with a normal user of general goods (including bulk liquids), Great Britain, was published in Metropolitan As and Ds No. 1264 on February 9,