Licence Withdrawn : Change of User Must be Justified
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HAULIERS obtaining control of additional vehicles by acquiring
shares in other companies, must justify, at a public inquiry, any change in the vehicles' base or normal user. This decision has been made by the North Western Deputy Licensing Authority, Mr. J. R. Lindsay, who has withdrawn an A licence previously held by T. Hesketh, Ltd,, Widnes.
In July, 1954, the directors of J. A Williams and Son, Liverpool, acquired. Hesketh's shares. Later an A-licensed vehicle, based at Widnes, with a normal user granted during nationalization of "goods for Imperial Chemical Industries as required," was removed to Liverpool. When integrated with the Williams fleet, the I.C.11. work was
d iscon ti oiled.
Back to Original Work
in July, 1956, the licence expired, and application was made for renewal with a normal user of "all, classes of goods, Liverpool. London and Widnes, and as required," which was Hesketh's original user in 1948. It was contended that the Transport Tribunal's decision in the Walker appeal conceded that an operator could return to his original work, and this should not cease to apply until the licence came up for renewal.
The objectors, the British Transport Commission, submitted that Hesketh's vehicle had been purchased • with the intention of abandoning the purpose for which it was licensed, and they were now seeking to continue work obtained by their own wrong-doing, which amounted to 14.000 a year.
Customer Not Consulted
At the final hearing in June this year (The Commercial Motor, June 21), Mr. Lindsay said he found it difficult to believe the I.C.I. work had been abandoned to return to the previous user. Mr. Williams had said in evidence that he purchased the vehicle with the intention of employing it for
his own work. I.C.I. had not been asked to continue the work that the vehicle was doing at the time of the take-over, and the applicants must now justify their present user.
Refusing the application in a reserved decision, published on Wednesday, Mr. Lindsay said the evidence was vague and unsatisfactory. More and better justification of need would be required for a grant, and the applicants contention regarding the Walker appeal could not he accepted as relevant.
It is understood that Hesketh's have given notice of appeal.
NEW AT FRANKFURT
1-3. A NEW D.A.F. 9-tonner with Leyland 0.680 oil engine and ZF gearbox is exhibited at the Frankfurt Show, which opened yesterday. Henschel and M.A.N. are both showing chassis with air springs. The Show, which is larger than ever, will be'reported next week.
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