THC LOSES ANOTHER APPEAL
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THE Transport Tribunal have dismissed an appeal by the Transport Holding Company against a decision by the North Western deputy LA granting an A-licence for two vehicles for two years to Mark Owen, of St. Helens.
The firm operates seven vehicles on a B-licence conditioned to carry building materials, for subsidiaries of the Allied Brick and Tile Co. The manufacturer had asked Mark Owen to arrange transport for a new product from its plant at Napton. Mark Owen did not seek to carry this new product itself but endeavoured to obtain vehicles from six locally based and suitably licensed hauliers who were RHA members. These hauliers refused the traffic.
The traffic originated outside the North Western traffic area and consequently consideration had to be given to abstraction of traffic from potentially interested hauliers. The deputy LA and the Transport Tribunal said that the application had been made in a way which had not deprived these hauliers of the opportunity to object.
The Tribunal took the view that there was ample evidence to justify the grant as made. They rejected a suggestion by the appellants that a B-licence would be more appropriate on the grounds that the market for the special bricks now to be carried was widely scattered. In this circumstance it would be wrong to deprive the licensee of the opportunity to obtain return traffic.