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Appeal Order Ignores Advice

18th January 1935
Page 53
Page 53, 18th January 1935 — Appeal Order Ignores Advice
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Which of the following most accurately describes the problem?

THE Minister of Transport disagrees with the recommendation of Sir Henry Wynne, that an appeal by Ribble Motor Services, Ltd., should be allowed. The company appealed against certain conditions imposed by the North Western .Traffic Commissioners in transferring a licence from Kenyon, Coleman and Robinson, Ltd., in respect of excursions and tours from Blackpool. The Ribble concern was not permitted to operate a greater number of vehicle journeys than that run by the Kenyon concern during 1931-33.

Sir Henry Wynne, who heard the appeal, recommended that it should be allowed, because he knew of no reason why an operator, who was able to carry on a service that was considered to be necessary, should not acquire the interests of another operator, unless. there was a personal objection to him.

In dismissing the appeal. with costs, the Minister states: "The fact that the Commissioners have granted a person a licence for certain operations, by reason of his position before the Road Traffic Act came into force, cannot, in the Minister's opinion, be regarded in itself as proof that the service is considered to .be necessary in its entirety, or at all. Indeed, the Commissioners have made it clear that they do not so consider this service, and the Minister cannot find any sufficient ground for reversing that opinion."

It is pointed out that Section 92 of the Act specifies that no licence holder has a right or property in a licence. It is the duty of the Commissioners to consider every new application on its merits.

Another interesting appeal against conditions imposed by the . North Western Commissioners was that cf. North Manchester Motor Owners Joint Services (Messrs. W. Cooper, J. A. Ferrington and J. W. Smith), The

firm appealed against conditions imposed on a licence for a MiddletonBlackpool express service, limiting the number of vehicle journeys tc 515 a year. It was also provided that the service should not commence before March or continue after 515 journeys had been made, or after October 31 if that figure had not been reached:

The Minister has dismissed the appeal and sees no reason for treating this service differently from those ccncerned in the well-known Appeal Order No. 9, of 1933. At the appeal hearing it was alleged that the conditions had been imposed without warning. The appellants are to pay costs.

The appeal of Mr. A. Austin, of Newbury, against certain conditions imposed by the South-Eastern Commissioners and against the granting of additional journeys and certain fares to Newbury and District Motor Services, Ltd., has also been dismissed, with costs. Ltd.), and D. B. Falvey (Royal Arsenal Co-operative Society) were elected to the committee, whilst, at his own request, the resignation of Mr.

J. Hearn as accepted.

60-SEATER BUSES REPLACE TRAMS.

BURY Corporation recently discontinued the tramway route from Bury to Jericho, and a fleet of Leyland Titanic 60-seater . six-wheeled buses has been put into service. The vehicles have met with instant success, the public being high in praise of their

comfort and efficiency. ,

The general manager of the municipal-transport undertaking is Mr. C. P. Paige, M.Inst.T.


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