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Irregular Working of Tours to Continent Alleged

23rd May 1958, Page 26
23rd May 1958
Page 26
Page 26, 23rd May 1958 — Irregular Working of Tours to Continent Alleged
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Which of the following most accurately describes the problem?

Keywords : Lorry, Wagons

nESPITE a , warnin'g five _months ago that they had operated irregular

Continental tours in previous seasons, Stockland Garage. Ltd., Birmingham,.went ahead with accepting a number of bookings for 1958 based on their Work in former years. This was alleged by Mr. H. Backhouse at Birmingham, on Monday, when he objectedon behalf of G. H. Austin and Sons, Ltd., to StOckland Garage's request for more Continental tours. Mr. Backhouse said he wondered how the company would act if their application were refused.

For Stockland -Garage.' Mr, J. Else recalled the public inquiry last January when Austin's had sought extra Vehicles for Continental operation. He said both Austin's and Stockland Garage had duplicated vehicles on the ground that once a coach was out of this country it no longer counted on their vehicle allowance.

At that time, Mr. W. P. James, chairman of the West Midland Traffic Commissioners, had pointed out that a coach operating on the Continent was still covered by its British licence, and therefore it was illegal for another coach to leave for the Continent unless separately licensed. • Two vehicles could not be treated as one merely because one of them happened to be out of the country.

Vehicles Duplicated Mr. Else said Austin's and Stockland Garage had duplicated vehicles in this way,, overlooking the fact that when one coach was travelling from a picking-up point to the docks it could not use the licence of a vehicle which was just back from the Continent and was travelling from the docks to its base.

Mr. Else reminded the court that, at January's public inquiry, the Commissioners had conceded ° that Stockland Garage broke the regulations unwittingly, whereas Austin's did so wilfully. At that hearing, Stockland Garage were punished for their actions by having their objections to the Austin applicatiOn discounted by the Commissioners.

New Draft Conditions Mr. James, who was again chairman at Monday's hearing, told Mr. Else that the companies would now be sent a draft'of a limited condition which would apply to both of them. This -condition would be that a coach travelling to a port and a coach returning from a port could be treated as one Vehiole. However, the regulation that two vehicles could never count as one where vehicle-allowance was concerned Would apply_ in all other cir cumstances. .-.• .

Continuing his submission, Mr. Else asked the Cormnissioners to bear in mind the Continental tour facilities which the public had been afforded in the past. In a typical Year between 1951 and '1957,, three coaches hi'd been employed in May, five in June,eight in July, and August (excluding Birminghain's July holiday period), and five in September.

During the city's annual three-weeks' holiday, 14 vehicles had been operated for two of the weeks and 10 in the third A24 week. Stockland Garage appreciated. he 'added, that if the number of Continental tours were increased, they might 'have to relinquish some of their home tours.

Mr. Backhouse, in his submission, said documents anti graphs which Stockland Garage had produced in support of their case proved they had taken 1958 bookings after getting the warning in January. He asked their Continental tours manager. Mr. J. B. McLaughlin, and their home tours manager, Mr. A. W. Balker, how they would divide their Continental and home operations if the additional licences were refused. The two witnesses told him that the directors of the company would have to make that kind of ruling.

Mr. Backhouse went on tb urge the Commissioners to consider Austin's interests if a grant were made. He suggested that the objectors should be granted Similar additions pro rata.

Mr. James said decision would be reserved, and the case would not be considered further until Stockland Garage had produced evidence showing the commitments they had undertaken since January with regard to Continental tours.

PERKINS DEVELOPING ADVANCED DESIGNS

NEW types of oil engine "which will be in advance of anything else currently produced" are being developed by F. Perkins, Ltd., says Mr. F. A. Perkins, chairman, in his annual statement.

Oil engines will continue to be the company's mainstay, but other products, not competitive with those of the company's present customers, are to be manufactured.

"Although it would be premature to disclose the investigations which are being actively pursued, and discussions which are being carried on with other bodies, both 'national and international, I can 'assure you that this Matter is one of priority to your board," Mr. Perkins tells

-the shareholders.

WILL BUSES BE CUT?,

WILL the Government act to reduce IT London bus services, when the strike ends? This question arose last lima when Mr. R. S. Russell (Cons., Wembley South) asked the Minister of Transport whether, because of the increased flow of traffic in central London since the strike began, he would consider restricting buses -in the area.

The Minister: ":.1' agree there is evidence that the traffic flow in central London is easier at the present time, and I shall certainly bear in mind the point made."

Haulter to Appeal to House of Lords

AFTER' being unsuccessful in the Court of .Appeal on Monday, a Sevenoaks haulier was granted leave to appeal to the House of 1.orcis: over 'a dispute between himself and a -man who sold him a1947 Dennis lorrs.

The court dismissed an appeal by the buyer, Mr. . Stanley. Irvin Erry Long, haulier, of Oakdene Road, Sevenoaks, against the diimisSal Of his action against another haulier. Mr, Leonard Thomai Lloyd, of Clarence ,Place, Hampton Coart. the vendor Of the lorry. On a counter-claim Mr. Justice Glyn-Jones had awarded Mr. Lloyd 1370. the balance of the purchase price.

Lord Justice Pearce said that the claim for rescission of the contract was made on the ground of innocent misrepresentation. , Mr. Longs case was that Mr. Lloyd told him that the lorry was in first-class condition, would do 11 m.p.g. and was capable of 40 m.p.h. Mr. Long bought the lorry for £750 and while he was driving it the dynamo ceased to function and there was an oil leak.

On another journey the lorry broke down and Mr. Long wrote to Mr. Lloyd complaining about it. Mr. Justice GlynJones found that Mr. Lloyd honestly made the misrepresentations complained of and that the lorry had the alleged defects.

The court was satisfied that Mr. Long's right, if it ever existed, to rescission after completion of the contract had been lost by the time he purported to reject the lorry. Apart from special circumstances the place of delivery was the proper place for examination and acceptance.

Knowing the condition and performance of the lorry, Mr. Long dispatched it on a trip to Middie.sbrough and that action appeared to the court to have amounted to a final acceptance of the lorry for better or worse and to have conclusively extinguished any right of rescission after completion of the sale.

• STATION CHARGES CONTESTED

• T'EN operators have objected to the I revised charges recently fixed by Cheltenham Borough Council for use of the town's Royal Well bus station. A public inquiry into the proposals will be conducted at Cheltenham on June 18 by Mr. S. W. Nelson, chairman of the Western Traffic Commissioners.

He will hear the objections of nine private coach operators, represented by the Passenger Vehicle Operators' Association, and the Bristol Omnibus Co., Ltd.

HIGHER PAY FOR DRIVERS

ANEW 'pay scale for coach drivers in the north-west wilt come into operation on Sunday, following talks between the Passenger Vehicle Operators' Association and the Transport and General Workers' Union. The new weekly minimum will be £8 14s., with £9 2s. for 54days and £11 17s, for seven days. Winter minimum will be £8 14s., rising to £11 8s.


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