BRS appeal 'on principle'
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• No judgment was given by the Transport Tribunal in London on Wednesday on an appeal by the Transport Holding Company (BRS). Textile Deliveries Ltd., of Sowerby Bridge, was respondent.
Mr. R. M. Yorke, for BRS, said that the appeal arose from the decision of the Yorkshire LA on July 16 to grant to the respondent company a new A licence in respect of five vehicles, four of which were on an existing A licence to be surrendered. At the same time the LA had varied the normal-user to read: textiles, yarn and carpets, Lancashire and Yorkshire; carpets for Firth Carpets Ltd. Oxford, Reading and London; stationery and printing matter for Petty and Sons Ltd., London, Crawley, Blackpool and St. Helens. The appeal, said Mr. Yorke, was being made following the dictum it's the principle that counts, not the size.
There was, contended Mr. Yorke, no evidence given to support any addition to the respondent's fleet. With the addition of the fourth vehicle in September 1967 the earnings per vehicle year had virtually doubled. The grant had been made on the assumption that the fleet needed assistance; it was now known, however, that the vehicles had only been working at about 50 per cent of their capacity.
No evidence had been given of the respondent's being unable to hire for sub-contracted work, or of difficulties with breakdowns. And it had never been claimed that any customer had been turned down because of a lack of vehicles.
Mr. G. P. Crowe, for Textile Deliveries Ltd., contended that the requirements of customers varied from time to time. The respondent company had applied for a change in normaluser because the wording of the former normal.-user had included the qualification mainly in regards to destinations. As work outside the stated areas had increased, it was thought necessary to apply for a new normal-user.
It had been clearly established, contended Mr. Crowe, that the respondent's vehicles had been fully employed and at times overemployed.
The Tribunal will give its judgment in writing.