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Mr. Else Suspends 10 Vehicles
Page 56
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niPERATORS should realize that if their vehicles were kept in tip-top order they would be better off, and that public safety and private profit marched side by side. This was said by Mr. J. Else, West Midland Licensing Authority, at Birmingham on Tuesday, when he suspended 10 vehicles for a period of two months.
T. H. Goodwin and Sons Ltd., of Whitchurch. Salop, operators of a 70-vehicle C-licensed fleet employed on dairy work, were called to a Section 178 inquiry after warnings had been given by the area maintenance engineer.
Mr. N. Carless, for Goodwin and Sons, said the examiners had the impression that no one was bothering about maintenance. This was not the case at all, he told the LA, and plans had been submitted for new premises; this should prevent any recurrence of maintenance difficulty.
Many of the defects complained of concerned vehicles of a Wrexham fleet acquired last year, said Mr. T. H. Goodwin in evidence. He felt they might have expected the purchased fleet to have been better maintained. The LA: "If you made a bad bargain you cannot use that as an excuse—the onus was on you to replace or repair them."
Mr. Goodwin said that that could not be done in a few days. The LA: "Of course, ropy vehicles cannot be put right overnight, but you have a statutory duty not to put them on the road until they are safe." "No doubt ", he added, "you were torn between your commercial and practical instincts and your duty to the community." Mr. P. 1. Burley, transport manager of Goodwin and Sons. said the recent TRTA leaflet now formed the basis for the firm's maintenance system. Experience proved that it brought to light defects. Although the firm's policy had always been to comply with the law there had been a series of unfortunate circumstances, such as heavy snow in March this year, which had involved difficulties in milk collections from farms, Some damage might have been caused by tractors towing vehicles out of deep snow. Mr. Else said that the onus was on operators to keep vehicles serviceable in all circumstances.
Giving his decision, the LA remarked that it gave him no pleasure to discipline operators of goods vehicles. He understood their many practical difficulties, but had to put his sympathies to one side. His statutory duty was to ensure that only vehicles which were safe were used on the road.
In this case, of 37 vehicles inspected in June, 23 were found to be defective, and six immediate prohibitions were imposed. He could not overlook the matter and he proposed to suspend four retail delivery vehicles and six lorries for a period of two months from October 1.
Following reports of vehicle examiners, six other operators appeared before Mr. J. Else. Steel Nut and Joseph Hampton Ltd., Wednesbury, had one vehicle suspended for one month. Birch Garden Suppliers, Walsall, and Leese Brothers (Eccleshall) Ltd. each had a vehicle suspended for 14 days. J. and E. L. N. Warr and Lee Brothers (West Bromwich) Ltd. were given a warning.
In the case of F. Hill and Co. (Hauliers) Ltd.. Dudley, Mr. Else reserved his decision pending a further check of the fleet in three months' time Adjournments were granted to four other hauliers who had been listed to appear at the inquiry.