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" CONTRACT " CASE IN HIGH COURT
Page 123
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ON Tuesday, a King's Bench Divisional Court allowed the appeal of a Metropolitan traffic examiner against a decision of Brcntford magistrates refusing to hold that Mr. Vincent Cuthbert Hassan, coach proprietor, of Brentford, had used a coach as an express carriage without a licence. The appellant also successfully challenged the refusal of the justices to convict Mr. A. J. Matthews of causing the alleged oifence.
Mr. Valentine Holmes (for appellant) said that Mr. Matthews, Inds° was a cinema proprietor, advertised trips to the Derby by a notice on his cinema screen, and he contracted With Mr. IIassan to supply the vehicle. Mr. Matthews, it was alleged, procured the use of the vehicle for the conveyance of a party that could not be called a " private "-one because of the payment of separate fares. Mr. Hassan denied that he kneW that the passengers were
paying separate fares.
Mr. Holmes added that• the case stated by the magistrates showed that Mr. Hassan's driver did not carry a work ticket, as directed by the Act of 1934;Mr. Hassan, however, claimed that the ticket was exhibited before the justices.
The Court allowed the appeal. Lord Hewart said that as the magistrates had found that the work ticket had not been carried on the journey by the driver, the party could not be a private one, and a licence was necessary.
POURING OIL ON TOURS " WATE RS."
AN effort at conciliation between the north-country operators of extended tours and local operators of excursions and tours in the south and west is being made by A.R.O. The local concerns object to the northern operators running day trips from southern and western destinations for passengers on extended tours. The issue was contested before the South Eastern Traffic Commissioners, last week.
A.R.O. is endeavouring to arrange meetings between the conflicting interests, with a view to assisting. the Commissioners in framing future policy.
The Association's policy in this matter is to maintain the status quo and views with concern any attempt
to reduce existing facilities. • NO MERSEY TUNNEL BUSES.
THErefusal of the North-Western HE Commissioners to authorize stage services through the Mersey Tunnel has been upheld on appeal, and Crosville Motor Services, Ltd., as the unsuccessful appellant, has been ordered to pay costs.
LYTHAM-BLACKPOOL PACT.
QUB-COMMITTEES of Lytham St.
Annes and Blackpool Corporations, appointed to confer on the co-ordination of transport, have reached an agreement which is to come before the respective town councils for approval. It is understood to provide for the re
placement of the Blackpool-Lytham tram service by buses. Each authority will collect the fares taken in its own area and will co-operate on a mileage basis.
The importance of the proposals from the Lytham point of view is the question of cost.
FITNESS REGULATIONS REVISED.
TO avoid the possibility of hardship being caused, the Minister of Transport is to issue an amended regulation to modify paragraphs 2 and 3 of Regulation 35 of the recently issued, Public Service Vehicles (Conditions of Fitness) Regulations, 1936. In the case of vehicles registered for the first time on or after October 1 next, no part of a gangway providing access from any entrance to both the upper and' lower saloons shall be less than 3 ft_ wide. When any space in front of a seat is required for the accommodation of seated passengers, the space within .9 ins. of the seat shall not be taken into account in measuring the width of the gangway.
CHANCELLOR PUTS INDUSTRY "ON THE MAP."
SUPPORT for the abolition of the Road Fund as a separate entity was voiced by Major Eric Long, political adviser to A.R,O., at. a function of the Association's Metropolitan passenger section. He suggested that the Chancellor was placing the industry on the map by putting it in direct touch with Parliament (in future, the money required for road works will be subject to a Parliamentary vote).
He believed that the Chancellor had, in framing the Budget, been divided between placing the additional tax on tea or petrol. Major Long declared that, had it not been for the work of the Association, the fuel tax might still further have been raised.