Ministry Permission is Not Evidence
Page 37
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LTHOUGH during the war the 1-Ministry of War Transport allowed large reels of paper to be carried by road because rail transport damaged the edges of the paper, that permission does not decide whether railway or other facilities are or are not adequate or suitable. This ruling is given by the Appeal Tribunal in the case of Whitton's Transport, Ltd., and the Great Western Railway Co. and others.
Such evidence is of no value, says the Tribunal, "in deciding whether facilities which the railway company are able to provide are suitable in character or are adequate in quantity."
Another point of principle raised in the appeal concerns the effect on transport of the five-day week in industry. Whitton's Transport, Ltd., contended that additional transport was required because the five-day week was being worked .by' employees of some customers. ' Vehicles might sometimes be unable to deliver or load on certain days, the Tribunal points out, but vehicle time would be lost only on those occasions when the lorry "arrived at its loading and delivery point at a time at which loading or delivery would have been possible but for the five-day week."
The written decision continues: " No information is available, and it would probably not be practicable to produce information which would enable the Tribunal to assess an increase of transport facilities necessitated by the introliuction of a five-day week. . . and the Tribunal would not be prepared to assume, in the absence of proof, that arrangements could not be made by appellants and their customers to reduce any loss of time which might otherwise result."
It is suggested that maintenance periods might be adjusted or arrangements made for customers to have staff
available to handle loads at week-ends.
The Tribunal comments on the lack of detailed evidence given in the case, which concerned the Whitton Transport company's application to the Western Licensing Authority for A licences for 19 vehicles (72 tons 17 cwt.) and three trailers (6 tons 14 cwt.), in place of A defence permits for 19 vehicles and two trailers. In 1939 the company held an A licence for 12 vehicles (45 tons 17 cwt.) and two trailers (4 tons -9 cwt.). The appeal was against the Licensing Authority's refusal to allow the company to use vehicles in excess of those authorized in 1939.
Two vehieles had been acquired by purchase from another haulier, although ' it was .admitted that -no goodwill had been taken over with them,
The .case has been remitted to the Licensing Authority for rehearing, and the parties have been asked to exchange all useful information.