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OVERALL INCREASE IN USER NEED NOT BE PROVED—TRIBUNAL

20th November 1964
Page 34
Page 34, 20th November 1964 — OVERALL INCREASE IN USER NEED NOT BE PROVED—TRIBUNAL
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Keywords : Law / Crime

IN order to establish a need for the i addition of a vehicle to an A licence it was not necessary for the applicant to prove that work comprised in every part of his normal user had increased. This was ruled by the Transport Tribunal in a written reserved judgment last week in which they dismissed an appeal by J. R. and G. T. Cadwallader against a grant for the North Western deputy Licensing Authority of an additional vehicle on A licence to W. N. and R. T. Morris, trading as S. J. Morris.

Commenting on a statement made on behalf of the appellants by Mr. N. Carless that there would have been no objection to the addition of a vehicle provided the user was restricted to livestock and fertilizers, the Tribunal said that it was sufficient to show that an addition was necessary in order to cope with the totality of the work done under the licence.

In the Tribunal's view, the judgment continued, upon the evidence in the case the respondents had clearly succeeded in proving this. Therefore the onus had passed to the appellants to make out their statutory objection. This, they added, the appellants had not succeeded in doing. (This case was reported in The Commercial Motor on October 23.)

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Organisations: Transport Tribunal
People: N. Carless

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