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NEWS of the WEEK

21st February 1936
Page 34
Page 34, 21st February 1936 — NEWS of the WEEK
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Which of the following most accurately describes the problem?

The wheels of wealth will be slowed by all difficulties of transport, at whatever points arising, as a carriage is by the roughness of the roads over which it nrns."—John Beattie Crozier.

So far as commercial 'chassis are concerned, the number exported in January last was 1,145, having a value of £186,076, the comparable figures for a year earlier being 1,183 and 2166,823 respectively.

Growing Support for Road-overrailway Scheme.

Increasing support is being given to the suggestion that the new London western-exit road should be carried for some distance over the District Railway. The scheme has been fully dealt with by The Commercial Motor, On Wednesday, a public meeting was held to consider the scheme. Mr. J. Vaughan-Morgan presided, and the speakers included Mr. W. W. Astor, M.P., Mr. A. C. Bossom, M.P., Sir Cyril Cobb, M.P.. Mr. R. A. Duncan, A.R.I,B.A., Dame Beatrix Lyall, and Sir Marshall Hays. Hammersmith and Chiswick Improvement Society is also supporting the project.

The 1933 Act in Plain English.

"The Law Relating to Carriers' Licences," by Eric F. M. Maxwell (published by Sweet and Maxwell, Ltd., at 15s.), represents one of the most successful attempts yet made to explain, in plain English, to operators and their advisers, the provisions and effects of the Road and Rail Traffic Act, 1933.

Mr. Maxwell, a barrister of repute, uses his recital of the requirements of the measure more as a background for a critical commentary on licensing, as administered by the Licensing Authorities and the Appeal Tribunal, than as the mainstay of a heavy legal work. Therein lies the success of his book.

The volume contains tables of traffic cases, statutes, and rules and orders, as well as an appendix of statutes and forms of licence, and a full index. COURT DECISION AFFECTS AGRICULTURAL OPERATORS.

The recent judgment of the High Court in the case of Fillingham v. Hall, as to the interpretation of the phrase "business of agriculture," in connection with the Road and Rail Traffic Act, throws a different light on• the law regarding the keeping of records and the licensing of vehicles:

Vie Court held that a vehicle that is being used for the retailing of the produce of a farm is not being used in the business of agriculture and, therefore, records must be kept when an authorized vehicle is employed for that purpose. Exemptions from keeping records are granted to agriculturists, under certain conditions, and the manner in which they are affected by the new ruling is explained in Memorandum G.3/9, issued by the Ministry of Transport.

Farmers who are exempt from holding C licences, or are allowed to carry for hire or reward under such a licence, are also affected by the High Court decision. The. extent of the amendment, in this case, is explained in Memorandum G.6/12, issued by the Ministry.

High Court Quashes Taxation Conviction.

A bench of seven judges in the High Court of Justiciary, at Edinburgh, last Friday, gave judgment in a stated case between Mr. Donald M'Cowan, local manager in Aberdeen for Wordie and Co., Ltd., the wellknown concern of carting contractors, Glasgow, and Mr. Robert G. Stewart, local taxation officer for Aberdeen.

The charge was that, on February 2, 1935, the company used, in Aberdeen, a lorry (on which a duty of £30 had been paid) with a cattle float superimposed upon it, whereby the vehicle was brought within the class for which the duty was £35 per annum The lorry was ordinarily used without any float or container. At infrequent intervals it was employed for the transport of sheep and cattle, when it carried a float.

Sheriff-Substitute Laing found the appellant guilty and imposed a fine of £2, with £3 expenses.

The High Court, by a majority of six to one, Lord Anderson dissenting, found on the facts that the SheriffSubstitute was not entitled to find the appellant guilty and quashed the conviction, with £15 15s. expenses.

Licensing Authorities' Reports Coming.

The Minister of Transport stated, on Tuesday, that the first annual reports of the Licensing Authorities, covering the period up to September 30 last, would shortly be published.


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