Applications and Conditions Must be Specific IN a decision issued
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last Friday, the 1 Appeal Tribunal emphasizes that it is undesirable to grant a licence with conditions wider than the published application, unless there are strong grounds for doing so, which should rarely be the case, because the difficulty could generally be removed by republishing the application; The appeal was by G. F. C. Burgess, Ltd., against the Metropolitan Deputy Licensing Authority's decision to grant Messrs. H. D. Mack and W. T. Neil a B licence to use a vehicle to tarry " furniture and household effects within five miles of Stroud Green Railway Station." They had applied for perMission to carry out "light removals" within 10 miles of the station.
Part-time Operation
They were partners in a greengrocery round, for which they used a C-licensed vehicle. They wished to operate the machine undu a B licence and to carry new and second-hand furniture on sale and other light goods when the vehicle was not used for the purposes of the greengrocery round.
After pointing out that a Licensing Authority was not compelled to attach any condition to a B licence, the Tribunal says that to prescribe• conditions wider than those originally requested might cause other operators to be misled and inconvenienced.
Referring to the difficulty of defining "furniture" and "household effects," the Tribunal states: " It may not be possible to frame a general condition to be exactly as exclusive and inclusive as desired, but in framing conditions which may be required to be the basis of a prosecution, it is important to remember, not only that the condition would have to be construed strictly in any criminal proceedings, but that, in justice to the licence holder, he should know definitely what he may or may not do."
Economic Use
In his ground for decision, the Deputy Licensing Authority said: "In an admittedly difficult and somewhat doubtful case, the desirability of enabling the applicants to make more economical use of the transport which was needed in their small but useful business, in my mind tipped the balance in their favour."
The Tribunal's view is that. earlier appeal decisions admitting economic operation as a ground for a grant, did not justify the grant of a licence merely because an applicant's vehicle was unemployed for some part of its time, notwithstanding the fact that his evidence had tailed to establish a need for additional transport. To extend to such a case the decisions already made by the Tribunal would introduce a grave risk of wasteful competition.
The appeal is allowed, but is to -lie in the office for a month to enable the respondents to make a new application
if they can take over the business of a man who does light transport work with a pony and van.
In another appeal decision, the Tribunal points out that it is important in an application for a licence to differentiate between a vehicle used for heavy loads and one emp:oyed fat the carriage of abnormal indivisible loads.
"This will, in future, become still more important than it has been hitherto, because of the provisions of the Transport Act, 1947," says the Tribunal. "Applicants should, moreover, in their own interest, consider what might be the ultimate (ffect of that Act in regard ti the use of heavy lowloading vehicles, and should have regard to what their position may be as from the appointed date.
The apeeal was by C.A.E.C. Howard, Ltd.. against the Eastern Licensing Authority's refusal to grant an A licence for an articulated vehicle weighing altogether
9tons 114 cwt. Evidence given before the Licensing Authority showed that the vehicle had a capacity of 20 tons and that 85 per cent. of the loads carried exceeded 10 tons: In 1945 the vehicle earned £3,742; in 1946, £3,439, and in the eight months ended August 31, 1947, £2,730,
Appiiiation Refused
In refusing the applIcution for an A licence, the Licensing Authority suggested that on the evidence there might be grounds for an application for a El licence.
The Tribunal is satisfied that in the case of a vehicle of this capacity, carrying abnormal indivisible loads, it would not generally be desirable to attach to a licence conditions imposing restrictions on distance or requiring that return journeys should be made direct to the vehicle's base.
As there was no suggestion that the vehicle was not to be used for hire or reward, there was no ground for refusing an A licence if need had been established.
The Tribunal, however, does not find evidence of local need for the vehicle, and has dismissed the appeal with eight guineas costs to the Railway Executive and Hay's Wharf Cartage, Ltd., the respondents.
MR. STRAUSS SEES FOR HIMSELF WITH the object of meeting trade VV unionists and leaders of the motor industry, Mr. G. R. Strauss, Minister of Supply, is making a tour of the Birmingham area this week. He held a Press conference and answered many questions on the Government's policy in relation to the industry.
This tour follows Press statements regarding the current .difficulties of
motor manufacturers. ' 195,000 NEW VEHICLES REGISTERED IN 1947
EXCLUDING cars and motorcycles, 194,815 new vehicles were registered in Great Brita:n last year. Registrations in December dropped to 12,796, compared with 15,212 in November, 18,670 in October. and 20.069 in September. The year's monthly average was 16,235.
The table above emphasizes the general switch to the oil engine for buses. Only seven trolleybuses were registered in December
In the class for " other " goods • vehicles, petrol engines predominated in machines weighing tip to 4i tons unladen but thereafter the oiler was more popular. Oil engines were fitted in 130 of the vehicles up to 4 tons.
NM. AND &E.. CASES GO TO APPEAL
T'THREE appeals, two against a decision of the North-Western Licensing Authority and one against the decision of the South-Eastern Deputy Licensing Authority, are to be heard from February 24-26, at Halifax House, Strand, London, W.C.2.
Globe Parcel Delivery Co., Ltd., Messrs. I. W. Walker and Sons and the Grieve Haulage Co., Ltd , are named as appellants in the first case, and Globe and Walker concerns in the second. These appeals are against the grant of licences to Lep Transport, Ltd.. and Lep Air Services, Ltd., respectively.
Six road operators and the Railway Executive are appealing in the third case, against the grant of a licence to Ashline, Ltd.
BRUSH "SCHOOL" REFRESHER AGENTS
L-OR the benefit of the Brush electric
vehicle distributors and dealers, Brush Coachwork, Ltd., has instituted a monthly two-day instructional course at its works at Lotighborough
Service engineers and other representatives from distributors and dealers will receive instruction on maintenance and an insight into the constructional and mechanical details of each type of vehicle. About 12 students are accommodated on each course, which is also open to customers' engineers.
DUTCH TRACTOR NEEDS: 3,000 TO BE IMPORTED?
BECAUSE of the breakdown of German farm-machinery manufacture, Holland may import up to 3,000 tractors this year, according to statements made by Mr. F. B. March, director, and Mr. J. C. R. Birney, sales manager, of David Brown Tractors, Ltd., who have lately returned from studying the Dutch market.
First deliveries are likely to take place in April and Dutch official sources state that, pending the conclusion of the present trade talks between Britain and Holland, the machines will be paid for in sterling. Mr. Birney is confident that the suitability of the British product for Dutch farming conditions will more than offset any price advantage on the part of American tractors, which are also likely to be available to the Dutch agriculturist.
Mr. Birney pointed out that exports to Holland would not be made at the expense of British buyers, because the money earned would enable increased steel supplies to be obtained. Savings in manufacturing costs might be expected as a result of stepping up production.
FAULT FINDING AND VEHICLE SELECTION
rr-NIGHT at 7.30 p.m,, Mr. P. C. R. Haynes, of Joseph Lucas, Ltd., will speak on "Ignition Fault Finding and Servicing" at a meeting of the Midlands centre of the Inslitute of Road Transport Engineers, at the Chamber of Commerce Building, New Street, Birmingham.
Mr. E. G. Fitzcombe, A.M.I.Mech.E., A.M.I.R.T.E., will discuss "Factors Influencing the Selection of Road Transport Vehicles" at a meeting of the Institute at the Royal Society of Arts, John Adam Street, London, W.C.2, at 6.30 p.m., on February 26.
UNSUITABLE FOR DOCK WORK? D OAD transport was quite unsuitable
for dock work, said Mr. L. Balton, the railway district goods manager at Hull, in an address to the Yorkshire section of the Institute of Transport. Arrival and departure times of road vehic7es were not precise, and although it was possible to leave railway'wagons standing in sidings for a period, idle time for road vehicles wa3 far more wasteful.
GERMANY'S TRANSPORT PROBLEMS
AT Cardiff on February 25, Mr. J. A. Dunnage will address the South Wales and Monmouthshire centre of the Institute of Traffic Administration on "Transport in GermanyTo-day." Mr. E. Thornton will deal with "Training 'Within Industry" at a meeting on March 24. Both will take place at the Royal Hotel at 7 p.m.
BY COACH TO MEETING
COACH travel between Reading and Oxford will be provided when Mr. A. T. G Sm.: gives an address on "Some Aspects of Modern Transport Operation,' at. a meeting of the Oxon, Berks and Bucks area of the Institute of Transport, at Northgate Tavern.
Oxford, on Febtruary 23, at 7 p.m. ' A28
I.O.T.A. MANCHESTER RALLY DIANS for a suitable ceremony to mark the visit of Institute of Traffic Administration delegatesfrom other parts of the country to Manchester on April 10, when the In:titute's annual general meeting takes place, are now under consideration by the 1.0.T.A. Manchester centre. Highlight of the week-end is to be e dinner at the Grand Hotel on the Saturday evening, at which a number of important guests will be present.
CONSERVATIVE PLEDGE CANNOT BE HONOURED?
IT would be impossible for the Con' servative Party to honour its pledge to hand back to private enterprise the nationalized road haulage industry, said Col. Arthur Jerrett, president of the Traders' Road Transport Association. at the annual meeting of the Scottish branch, last week. He thought that it might be easier to release the railways from nationalization.
Col. Jerrett also warned C-licensees that they were not safe from State control for all time. Pointing out that the exclusion of C-licensees had weakened the Transport Act, Col. Jerrett mid. "We stand as an Association in extreme danger."
He did not, however, take a pessimistic view. In the past three years the membership of the Association had doubled.
Mr. C. H. Judd, who presided, also suggested that the Association had before it a big fight. There were many interests which wished the C-licence holder to be restricted, and ancillary . users must give their Critics no excuse for seeking to shackle them. Mr. Judd said that at the end of 1945 the Association had 832 members in Scotland, and to-day the figure was 2,837.
He said that the T.R.T.A., in conjunction with three other associations in Edinburgh, hoped soon to entertain Mr. Archibald Henderson, the Scottish Licensing Authority, who has been appointed a member of the Road Transport Executive,