New Scope for Cattle Hauliers I - 1 A LARGE increase in the number of
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cattle trucks used exclusively for the transport of attested herds is foreseen by the Appeal Tribunal. "The number of vehicles that should be licensed to carry non-attested cattle" is expected to decrease.
These observations are made by the Tribunal after hearing a great deal of evidence, particularly by an impartial expert of the Ministry of Agriculture. in an appeal by Mr. Walter Holgate against the North Western Deputy Licensing Authority's refusal to renew a B licence for a vehicle to be employed to carry only attested cattle. Mr. Holgate was originally granted a B licence in 1947, but was unable to obtain a vehicle until July, 1948.
Treated as a Newcomer The Den* Licensing Authority came to the conclusion that he was wrong in the first place in granting the licence, and refused to renew it, He relied on the Tribunal's decision in 'I ownshend's case, and decided that Mr. Holgate should be treated as a newcomer.
In upholding Mr, Holgate's appeal, the Tribunal says: "It is in our view an abuse of language to suggest that there is any resemblance on the facts between the Townshend case and the one under appeal, beyond the fact that the applicant in each case was applying
for a B licence authorizing the use of a cattle wagon to carry attested cattle only."
The Tribunal emphasizes that the Townshend decision did not "lay down any general poinciple applicable to applications for the grant of B licences for the use of vehicles restricted to the carriage of attested cattle."
Mr. E. R. Callender, of the Ministry of Agriculture, who gave evidence, said that between 1947 and 1948, the number of certificates of attestation in force increased by about 48 per cent. and that the proportion of attested herds to the total cattle population rose from 13.9 per cent, to 19 per cent. In Lancashire, it increased from 5.2-11.3 per cent., the cattle population in the county having between 1947 and 1949 risen from 13,853 to 31,510.
From August. 1948, until August, 1949, Mr. Holgate earned £1,425 98. with his vehicle.
Among the witnesses who gave expert evidence on tubercular infection was Mr. John Adamson, a veterinary surgeon, who said that, even if the regulations concerning the cleansing and disinfection of vehicles were properly observed, they were inadequate so long as wooden wagons were used. Tubercle bacillus was particularly difficult to kill with disinfectants and he would prefer separate vehicles to be employed for attested cattle.
Mr. Callender supported the view of an expert witness in Townshend's case. that the use of vehicles specifically for attested cattle was to be encouraged.
Argument revolved around the questions whether Mr. Holgate was providing a "special service" and whether other road and rail services were suitable. The Tribunal points out that a "special service" has never been defined, but thinks that Mr. Holgate's facilities are at least as deserving of that description as those to which it was applied in three earlier appeals: No Standard of Suitability
On the second point, the Tribunal says: "It is not possible to lay down a standard of suitability applicable to every case and in our view this question of what are or are not suitable transport facilities must depend on the facts and circumstances of each particular case." A fad or a fancy" should not be allowed to influence a Licensing Authority in deciding whether transport facilities were suitable or not.
In this particular case, the Tribunal was satisfied that there was serious risk of infection if attested cattle were carried in a vehicle that was on other occasions used also to transport nonattested animals. The appeal was allowed, with costs against the Railway Executive and six haulier respondents.