Change from C Hiring to A Licence Upheld
Page 53
If you've noticed an error in this article please click here to report it so we can fix it.
Respondent Not Called Tribunal Allow Appeal After Change of Normal User
'THE Transport Tribunal last week I endorsed the transfer of vehicles from C-hiring to A-licence work and dismissed part of an appeal by the 13ritish Transport Commission without hearing the respondent's case.
The Commission appealed against the Western Licensing Authority's grant of five vehicles on an A licence and one on . a B licence to Mr. W, Small, Station Road, Ilminster. The grant was subject to the surrender of live C-hiring and two contract vehicles. Mr. Small was authorized to carry agricultural lime for spreading and for silo coverage over any distance, and animal feeding-stuffs within 75 miles.
Decision Reserved
Decision on the part of the appeal relating to the B licence was reserved, and will be given orally, probably in about a week's time. The Tribunal will then give their reasons for dismissing the appeal in respect of the A icence.
Mr. C. R. Beddington, for the 13.T.C. said that the B licence ought not to have been granted, but the Commission would not object if Mr. Small's activities were limited to a 15-mile radius. Mr, J. R. C. SamuelClibbon, for Mr. Small, refused to accept this limitation.
When the hearing opened, Mr. Beddington said that Mr. Small had been hiring vehicles to Wharf Lane Concrete Co., Ilminster, who held a C-hiring margin.
At the original hearing, evidence had been given that five vehicles owned by Mr. Small had been used by Wharf Lane for some years to carry their goods, mainly fireplaces," to various destinations. The company wished to transfer their responsibilities for transport to Mr. Small.
No Better Claim Mr. •I3eddington claimed that the Licensing Authority had thought— wrongly, in counsel's submission—that, because the customer had a C-hiring margin and the hiring arrangements had been in force for some time, the applicant had a better claim, than an ordinary applicant for an, A licence.
At the highest, the grant should have been made for only two vehicles on an A licence, The B.T.C. were afraid that the grant of five vehicles would enable Mr. Small to carry traffic for the Wharf Lane Concrete Co. and two cattle-food manufacturers which had previously been transported by rail without complaint.
The Tribunal allowed the appeal of the Bedford (Walsall) Transport Co., Ltd., against the West Midland Licensing Authority's refusal to add a vehicle (3 tons) to their A licence.
At the request of Mr. Hubert Hull, president, Mr. J. R. C. Samuel-Gibbon, for the appellants, asked that the normal user should be amended to read, "Walsall, Wolverhampton, Birmingham, BiIston and within a radius of 25 miles." These were the terms of the company's present ordinary A licence. The company had asked to operate "mainly Midlands, and elsewhere as required."
Mr. Samuel-Gibbon referred to evidence given at the hearing before the Licensing Authority when it had been stated that the company were "working under duress." There was excessive driving of vehicles and it was impossible to hire suitable vehicles in and around Walsall. Long-distance vehicles were being brought back empty to fulfil local commitments.
In his decision, the Authority recognized the need for some assistance, and although refusing the application, had said that he would consider an application for a B licence.
Mr. G. Mercer, for the British Transport Commission, asked the Tribunal to refuse the 'appeal or to refer the case back to the Authority to see whethei the appellants could adduce evidence to justify the granting of the licence, having regard to the normal area of operations.
Mr. Hull said the case was purely one of fact. The Tribunal were satisfied that the applicants required additional carrying capacity. They accepted the evidence that the present business was being impeded. The Tribunal thought that they would be causing unnecessary inconvenience to the conduct of the appellants' business if they said that the new vehicle' should be on a B licence.
Decision on the appeal of Mr. W. H. Gray (The •Commercial Motor last week), which was expected to be given last Friday, was not announced.