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NEWS of the WEEK

23th June 1939, Page 30
23th June 1939
Page 30
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Page 30, 23th June 1939 — NEWS of the WEEK
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WHAT CONSTITUTES LEGAL HIRING?

I N its appeal against the grant of a variation of an A licence to Holdsworth and Hanson (Leeds), Ltd., trading as Grimshaw and Evans. Ltd., of Leeds. the London and North-Eastern Railway Co. sought to prove a case of alleged illegal hiring.

The vehicle concerned appeared on the licence of another operator, being hired out to Grimshaw and Evans, Ltd., and the question as to whether the vehicle was unlawfully used by the respondent, between certain dates, depended upon whose agent or servant the driver of the vehicle was on the occasions it was used for hire or reward.

It was contended that if it was used by respondent then such use was unlawful, inasmuch as the vehicle was not specified in its licence.

After legal arguments as to who was in " control " of a hired vehicle—the hirer or the person to whom it was hired—it was the opinion of the Tribunal that, on the occasions when the vehicle was driven by drivers principally employed by respondent it was not being unlawfully used, but that it was on those occasions when relief drivers were employed.

As it was considered that the volume of traffic lawfully carried justified the deciation of the Licensing Authority, the appeal was dismissed, respondent being awarded £10 10s. costs.

Road Material Spreaders Included in Special Types.

I N connection with the authorization of special types of vehicle, the Minister of Transport has issued the Motor Vehicles (Authorization of Special Types) Order (No. 1), 1937, Amendment (No. 2) Order, 1939, whereby the definition of engineering plant in Subpara. 1 of Para. 3 is modified to include apparatus for the mechanical spreading of road material, upon which no load is carried, except when actually engaged in spreading operations.

" Encirclement " of Operators.

" YOU are in a very serious position 1 and will be well advised to get someone to assist you, otherwise you are going to find yourself without a licence." Thus spoke Mr. Joseph Farndale, North-Western Deputy Licensing Authority, to Mr. Fred Monsell, of Manchester. who was faced by an objection, on behalf of the railway companies, on the ground of change of operation.

Formerly he ran his lorry from Manchester to London, with occasional trips to Bristol and elsewhere. When the London business fell off he ran to Bristol regularly and cultivated a Glasgow connection. Now he is wholly employed on taking much the same Manchester goods to Glasgow and bringing back hides. His puzzle is A28

how to prove the need for the change, and the case well illustrates a phase of the restrictions encircling road-transport operators.

Shipping Guide for Hauliers.

THE following is the number of ships arriving at the London docks, wharves and jetties named, from June 23 to July I. DOCKS:—King George V. 3; Royal Albert, 8; Royal Victoria, 2; Surrey Commercial, 7; West India, 3; South West India, 3; Tilbury, 8; Tilbury Stage, 3; Millwall, 3; Royal, 2. WHARVES:—Hay's, 6; Butler's, 2; Tilbury Jetty, 2; Royal Canal, 1.

International Transport to be Discussed.

FROM July 10-13 the fifth. annual congress of the Comite International des Exchanges will take place in London and Birmingham and, at the third meeting, the problems of international transport will be amongst the matters that will be considered. Under this heading is the unification of goods description. Full details of the congress may be obtained from the president, Mr. Wilfred Hill, The County Chemical Co., Ltd., Chemico Works, Birmingham, or from the headquarters of the Comite, 5, Place du PalaisBourbon, Paris.

Strong Motor Section at Highland Show.

ROAD-TR ANS PO R T exhibitors are again well to th# fore at the annual show of the Highland and Agricultural Society, which opened at Saughton Mains, Edinburgh. on Wednesday. The Scottish Motor Traction Co., Ltd., has on view 12 Bedfords, ranging from a 5-6-cwt. estate wagon to a heavy-duty cattle truck. The display by Commer Cars, Ltd., embraces vans and lorries for a variety of purposes. The 10 h.p. utility vehicle is on show.

Oil-engiried vehicles are displayed by Fodens, Ltd. Three lorries of 15-ton, 10-ton, and 7i-ton capacity are exhibited, together with two power tippers and a general-haulage tractor unit. There is also a 7i-ton platform lorry.

The Ford Motor Co., Ltd., has a range of Fordson tractors on view.

IMPORTANT JUDGMENT AGAINST ULSTER BOARD.

I N dismissing an appeal by the Northern Ireland Road Transport Board against the judgment given recently by Mr. W. F. McCoy, the Belfast magistrate, in favour of Mr. Albert Benson, haulage contractor, Moira, who was summoned by the Board for carrying merchandise without the Board's permission in writing, the Deputy Recorder of Belfast, Mr. M. D. Begley, K.C., questioned the validity of a section of the Northern Ireland Transport Act of 1935.

His Honour said that although the respondent did not start up his business until between June 1, 1934, and July 16, 1935, he was carrying on a lawful business until July 16, 1935. when the Road and Railway Transport Act, 1935, was passed, and had acquired certain property, infer alia, goodwill. That property was taken from him by the Act, and, in his view. there was a clear infringement of the provisions of the Government of Ireland Act, 1920. The Transport Act of 1935 was, therefore, qua the defendant, ultra vires, and he affirmed the decision of Mr. McCoy, with costs.

It is expected that the case will result in a further appeal. Should the decision stand in a higher court, new legislation will possibly be required to entitle the operators affected by the judgment to comoensation for their undertakings acquired by the Ulster Transport Board.

I.A.E. Summer Meeting.

THIS year's summer meeting of the 1 Institute of Automobile Engineers is being held in the Oxford district. The following programme has been arranged:— June 30. 3 p.m.: Visit to Morris Radiator Works. Evening: Dinner at Randolph Hotel. July 1. 11 a.m.: Steamer for Abingdon-onThames, continuing to Shillingford to participate in Graduates Rally at the Bean Regard, 7.15 pm.: Coach to Wallingford for dinner. 8.30 p.m.: Informal evening at Masonic Hall, Wallingford.

July 2. 10.30 a.m.: Tour ol Oxford Colleges.

NEW AMERICAN FORD TRACTOR PLOUGH.

THE new Ford tractor of the Ferguson type, using hydraulically controlled implements and to which we have already referred, will, according to a recent report, be in production at the River Rouge Plant by early autumn, and will probably be available on the American market in advance of the autumn ploughing.

Initial schedules call for a production of 50,000 tractors within 12 months of the commencement of mass production. It is claimed that the new tractor will weigh less than 1,800 lb. By using a double-link coupling method and hydraulic controls, the implements are pulled into the ground instead of upwards.

Fine Follows Use of " Unstarnped " Vehicle.

AT Cambridge Police Court, last week, Welch's Transport, Ltd., of Foxton, pleaded guilty to causing sand to be conveyed in a receptacle which did not bear a stamp of verification affixed by an inspector of weights and

measures. It was explained in the letter that the driver took lorry No. S instead of No. 15.

This was the first prosecution at Cambridge under the Weights and Measures Act, 1936, and a fine of 21 and costs was imposed. The driver was convicted, but not fined.

Inauguration of Manchester's By-pass Scheme.

REPUTED to be the most comprehensivehensive in England, a scheme to by-pass Manchester, devised by the R.A.C. in conjunction with the Ministry of Transport and local authorities, was inaugurated on Wednesday last, when Councillor C. R. de la Wyche, chairman of Manchester Highways Committee, uncovered the first of 800 official signposts which have been erected throughout the suburbs of Manchester.

The new black and white road signs indicate to drivers how the city centre can be avoided and how they can enter the city by the less-crowded roads.

Royal Show Conference on Tractor Problems.

AT this year's Royal Show, at Windsor, tractor users will have an opportunity of making contact with the's own organization, because the Tractor Users Association will, for the first time at such events, be directly represented, near the main entrance. A representative will be in attendance to deal with tractor problems, as well as technical and legal matters. •

The Association is holding a general meeting of members in the showground on Wednesday, July 5, at 3.30 P.m., and tractor users, whether they be members or not, are invited to attend. The subjects for discussion include the Association's scheme for the provision of tractors and equipment for ploughing up grassland, tractor taxation problems and the question of fuel supplies for tractors in emergency.


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