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Applicant Must Prove He can Operate Within the Law

19th February 1965
Page 46
Page 46, 19th February 1965 — Applicant Must Prove He can Operate Within the Law
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Keywords : Business / Finance

THE Metropolitan deputy Licensing Authority, Mr. C. J. Macdonald, refused an eight-vehicle fl-licence application by a Greenford haulier in London last week. Wholesale .abuses of licence conditions revealed during the hearing prompted the Authority to give the haulier concerned a severe warning.

The applicant, A. H. Dowden and Son (Transport) Ltd.. sought to increase the radius from 50 to 200 mites in respect of five named customers.

Mr. A. H. Dowden, managing director, said the one A-licensed vehicle, a five-ton van, was fully employed. There were three sets of conditions on existing B licences, and the work of some specified customers had ceased. Tyres°les Ltd. and Tyre Economy Ltd. (the same firm) used the A as well as the B vehicles. Their work involved the movement of old tyres which were usually wet and dirty. "No one wants the work ". continued Mr. Dowden. "I have to provide drivers with protective clothing:

The A-vehicle earnings for 1964, at £5.955 gross, included £676 for hired vehicles, said Mr, Dowden. Most of his customers' traffic was fragile and costly, and traffic moving more than 200 miles was passed to other hauliers. This was not satisfactory, as "they do not have the same regard for the goods as We have ". The A vehicle was "virtually being run into the ground" because of traffic commitments, he added.

Cross-examined by Mr. R. M. Yorke, for British Road Services (objecting), Mr. Dowden admitted that the circumstances in which the fleet had been operated had forced the company to .work illegally.

The deputy LA., referring to the company's unauthorized operations at Camberley. insisted that they stopped forthwith. Moreover, he said, the South Eastern L.A. must be left in no doubt that the operations had ended. It was wrong to abuse the B-licence conditions and equally wrong to set up a base at Camberley. he added.

In his submission. Mr. Yorke said that B.R.S. did not object to the renewal of the licence on existing conditions, but it was wrong for a haulier to get additional facilities when wholesale evasion of regulations and admitted illegal operations had been practised. For such methods to succeed, he said, "would be tantamount to arming the burglar and fettering the police". Giving his decision, Mr. Macdonald said that old-established operators should conform to the law. Some of the things done had been outside the realms of reason. "This operator must prove to me over a long period that he is capable of operating within the law ", he added, al2

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Locations: L.A., London

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