Every Vehicle Deleted : " Revoked " Plea Fails
Page 26
If you've noticed an error in this article please click here to report it so we can fix it.
A LL three vehicles on a haulier's B licence were deleted last week by the Northern Licensing Authority, Mr. J. A. T. Hanlon. He went on to refuse an application for a short-term licence, pending an appeal, which would have been automatic if the licence had been revoked. A plea by Mr. T. H. Campbell Wardlaw that the complete deletion was tantamount to revoking the licence, was rejected.
Mr. Wardlaw pointed out that Mr. Ronald Sharp, Cullercoats, had been deprived of his livelihood in the same way as if his licence had been revoked. Revocation was not effective until an appeal had been determined, and Mr. Sharp wanted a short-term licence until the Transport Tribunal decided the issue.
Mr. Hanlon replied that he had not revoked the licence. The vehicles were being struck off because they had not been doing work under the licence—Mr. Sharp's figures showed only site work and sub-contracting.
Business Bought for £550 His decision followed an application by Mrs. E. Donnelly. Tynemouth, to take over Mr. Sharp's business. She said she bought the business for £550, of which £350 was for goodwill. The vehicles were not in good condition, but the business was a going concern and customers were willing to transfer their traffic. She had not previously been a licence holder, but had assisted her husband in a substantial B-licence business at Chopwell, which he disposed of last March because of ill-health.
Mr. Sharp said in evidence that none of the three vehicles was licensed at present. One, which was working solely on opencast coal sites, had not been licensed since last December, and a second had been off the road since March, 1956, because it needed a complete overhaul. The third had not worked since September this year.
He had done no haulage work since the application was made, because he thought it would be dealt with almost immediately, yet it had taken nearly seven weeks.
Dispute Over Purchase
Mr. G. Barker, Chopwell, objected on the ground that he bought the business belonging to Mrs. Donnelly's husband, and the agreement stipulated that Mr. Donnelly would not operate within 20 miles for a period of four years. Mr. Wardlaw suggested that this was a grievance which should be settled elsewhere. It was necessary to prove only that there was a genuine business, and if there was, the objection would fail.
Mr. Hanlon said it was clear that before the contract between Mr. Sharp and Mrs. Donnelly was entered into, all the vehicles had ceased to be used under the licence. The one on site work could be bought and used without a licence. Mr. Sharp's work was now being done by sub-contracting, and he was forced to the conclusion that his work could be carried on by existing facilities. It was not for him to decide whether Mrs. Donnelly was in breach of a covenant.