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Kent County Council objects to six applications LA reserves decision

17th September 1971
Page 40
Page 40, 17th September 1971 — Kent County Council objects to six applications LA reserves decision
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• The decision of the South-Eastern LA at a public inquiry at which a Rainham, Kent, company was appearing under Section 69 and at which employees of the company were making individual applications for 0 licences was reserved in Maidstone this week after an objection from the weights and measures department of Kent County Council. One of the first occasions a local authority has objected under the Transport Act 1968.

The company. H. C. Nichols Transport of High Street, Rainham, operating seven vehicles, was called before the LA as a result of overloading offences for which the company had been convicted during the past five years. The last conviction was in May at Rochester magistrates' court when the firm was fined a total of £450 on 30 charges. The LA, Maj-Gen A. F. J. Elmslie, said that the firm had overloaded some of its vehicles by over 10 tons.

Mr Peter Nichols, managing director of the company, admitted that he had profited every time his vehicles had overloaded and further admitted that he had failed to take adequate precautions to ensure overloading did not occur. Representing Mr Nichols, Mr R. S. Champion said that any profit that had been made had gone in paying the fines.

As a result of the evidence the LA decided to suspend six vehicles from the seven-vehicle licence for two months.

Individual applications were next considered from each driver employed by the company. Mr Champion explained that Mr Nichols wished to form a partnership with each of the drivers so that he would hold 51 per cent of the shares and each driver would hold the remainder. This, said Mr Champion, would encourage the drivers to take an intelligent interest in the running of the firm and would ensure that the provisions of the law would be adhered to.

The applications were made by Huntcroft Transport Ltd, Thirdale Ltd, Trimdon Transport Ltd, Westdale Transport Ltd, Towncroft Transport Ltd and Westcroft Transport Ltd all of High Street, Rainham.

An objection to the application was lodged by Kent County Council on the grounds that the applicants were not fit persons to hold licences; that in the last five years they had all had convictions for traffic offences. Mr J. Stokoe, chief inspector on weights and measures for Kent County Council, said the county was concerned about the safety of heavy vehicles. "Overloaded lorries are dangerous" he said. "They cause undue wear and tear on the roads and cause unfair competition to other hauliers."

To allow himself time to study all the evidence the LA decided to reserve his decision on the applications. He indicated, however, that in any event licences would not be granted until the end of the suspension period of the Nichols transport licence.


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