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RIGID RESTRICTIONS ON LINKING PLANNED

21st March 1958, Page 32
21st March 1958
Page 32
Page 33
Page 32, 21st March 1958 — RIGID RESTRICTIONS ON LINKING PLANNED
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Which of the following most accurately describes the problem?

700 Coach• Operators Would be Affected by New Licence Conditions Proposed by Commissioners MORE than 70 coach and bus operators crowded into Manchester Traffic Court, last week, all objecting to a proposal by the North Western

Traffic Commissioners to impose rigid restrictions on linking operations. The Commissioners had decided to vary the " special " conditions attached to road service licences and backings in respect of excursions, tours, stage and express services.

Mr. H. Backhouse, for the objectors, declared that the 70 operators

in the court were only token objectors. More than 700 operators would be affected by the proposals. .

Mr. F. Williamson, chairman, said it was the first time there had been a substantial review of the conditions. New features had arisen during the past five or six years in connection with linking, and the Cornmissioners now aimed to deal thoroughly with the matter. At this, Mr. Backheuse, who also represented the Passenger Vehicle Operators' Association, submitted that the Commissioners had no right to hold the inquiry in its present form. It was beyond their powers to institute en masse prohibitions where linking was concerned. The proposed new conditions for excursion licences were not suitable for mass application. These conditions were: Clause 6— Any vehicle used on this service shall not at any one time carry passengers to more than one of the authorized destinations unless otherwise specified in schedule 2; Clause 7—A vehicle used on the service authorized by the licence shall not at the same time be used under any other licence.

Two-year Delay

Mr. Backhouse suggested that if there had to be conditions, each operator should bedealt with individually. The conditions should not be put into force until April 1, 1962, when all the renewals would have been dealt with. It would take Iwo years to prepare all the cases. Representations in support of the proposals were made by British Railways; Ribble Motor Services, i.td.; North Western Road Car Co., Ltd.; Lancashire United Transport, Ltd.; and the Yelloway Group. After hearing these, Mr. Williamson said the Commissioners could not agree with the objectors' submission. They were not prepared to hold up the new conditions beyond March next year. Mr. Backhouse said instead of the new conditions, a system should be instituted whereby vehicles run to more than one destination should be counted as one vehicle to each destination, and vehicles used on more than one licence should count as one vehicle against each licence. Nowhere in the Road Traffic Act was there any provision that a vehicle should not be used simultaneously on more than one licence. This type of operation was more economical, meant fewer vehicles on the road and benefited the public.

He reminded the Commissioners that in the Altrincham Coachways appeal, the Ministry inspector had stated that where passengers on two services could be carried on one vehicle instead of two, it was helpful to both the operator and the public.

The proposed clause 7, he maintained, would stop all fantail work, because of " on-hire " operations at the destination. Existing licences allowing operators to collect passengers for main services would become useless.

There was nothing in law to prevent two operators carrying passengers in one vehicle, provided that the conditions on either licence were not transgressed, and the vehicle was counted as one against each licence. This was recognized and permitted in the Yorkshire Area. Linking was widespread throughout the northwest, otherwise small operators would have ceased to exist.

Warnings Ignored Mr. Williamson remarked that if this were so, the operators had ignored repeated warnings that linking without permission was wrong. Many of them must have failed to have kept undertakings given when taking over other licences.

Continuing, Mr. Back house said many operations could not be run without linking. Coastal operators, for instance, had to have some form of linking for promenade excursions. Inland, some groups of operators could afford to run only one vehicle between them on slack days. This meant the proposals would hit the little man the hardest. If it were decided to institute these clauses, they should also apply to express operators, who had their own methods of linking.

Attacking the • "industrial towns clause," he claimed that it was exclusive to the north-west and worked in a wholly illogical way. The original object was to limit excursions to six a year, so that they would not develop into regular shopping services. Now the clause was used to stop excursions to sports meetings and theatres. There were many anomalies, particularly in border areas. The clause should either be cancelled altogether or modified.

"Irregular Operation " Mr. T. B. Atkinson, for British Railways, said a point concerning the Altrincharn appeal which Mr. Backhouse had not mentioned was that the Minister had said possession of two or more licences gave no presumptive right to linking—it must be justified on its merits.

The objectors had been operating irregularly, yet they were claiming they should be protected. No linking should be allowed without evidence of public inconvenience, and so far they had heard only the operators' point of view.

Mr. F. D. Walker, for the supporting companies, said the foundation of the objectors' case—that the Commissioners had no power to impose conditions en bloc—was untenable. The reference to "the public interest" in the Act was meant in its widest sense, as considering the transport needs of the area as a whole.,\ and not only particular aspects.

Mr. Backhouse had emphasized the advantages of carrying passengers for several destinations in one coach. It was a false argument because it implied that regard should be had only to excursions, without considering the vital needs of stage and non-holiday express services. Nor was it a good argumentto say that linking, unless expressly forbidden, was lawful. Under the Act it could not be permitted unless specifically granted. Indiscriminate linking could soon be disastrous to the stage and express services.

Reserving decision, Mr: Williamson Said the Commissioners had learnt a good deal from the arguments put forward, and it was desirable that the position should now be put beyond doubt. It was apparent that clause 7 would require re-wording, which would need careful thought. They had no intention of preventing authorized linking or fantail operation.

Those operators who had not objected were in a dangerous position, as in the event of an adverse decision they would have no right of appeal. They would be given a month to lodge formal objections, which would be admitted as "late."

HIGH COURT APPEALS FROM TRIBUNAL DECISIONS?

SHOULD the Tribunals and Inquiries Bill, published last week, become law, appeals against decisions of the Transport Tribunal will be permitted in the High Court or, in Scotland, the Court of Session.

The Government propose to set up an advisory council, to keep under review the working of various tribunals, including the Transport Tribunal and the Licensing Authorities and Traffic Commissioners.

Chairmen of tribunals up to now appointed by Ministers will in future be appointed by the Lord Chancellor or the Lord President of the Court of Session.

£350,000 IRANIAN ORDERS

ORDERS to the value of over £350,000 for fourand six-wheeled lorries have been received from Iran by Leyland , Motors, Ltd. The Transport Bank in that country have asked for 50 Super Hippos and 50 Comets in addition to 20 Comets exported earlier this year:

Forty Comets and eight Super Hippos are required by Iranian sheep hauliers, and 60 Super Hippo 4,000-gal. tankers will be purchased by the National Iranian Oil Co.

WOODHEAD TO BUY THREE rOND1T1ONAL contracts have been exchanged for the acquisition by Jonas Woodhead and Sons, Ltd., of the share capital of Road Springs (Leyland), Ltd., Auto Chassis Spares, Ltd., and Joseph Steel and Sons, Ltd. The consideration for these purchases is £520,000 ordinary 5s. shares and £152,000 in cash. It is proposed to increase Woodhead's capital by ..£2m.


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