C-licensees Fined £106 for Haulage
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HAVING lost their appeal (reported in The Commercial Motor on October 15) on a question of law against convictions in a similar case at Hull, W. Elliott and Sons (York), Ltd., public works contractors, Wetherby Road, York, were fined £106 at York last week.
The company pleaded guilty to 53 offences concerning the use of six Clicensed vehicles for potash haulage for hire or reward. They were ordered to pay an advocate's fee of £5 Ss.
It was stated for the defendants that they entered into a contract to carry potash from Grimsby to Waltham airfield, where it was to be piled and stored. This work could not be under
taken by ordinary hauliers because special heavy equipment for the piling process—bulldozers and pilers—had to be used.
The defendants, it was stated, acted in good faith, as they considered that the piling of potash entitled them to carry under a C licence, because this was a process or treatment under the 1933 Act.
When the case was heard at Hull in March, the company were fined £40 on 20 summonses of a similar nature. Their appeal was dismissed in October when the Lord Chief Justice ruled that the piling of potash was not a process or treatment within the meaning of the Road and Rail Traffic Act.