C-hiring Case in Queen's Bench
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A PERSON with a C-hiring allow
ance must take care not to hire a vehicle and driver from a B-licence holder, said the Lord Chief Justice, Lord Goddard, in the Queen's Bench Divisional Court, last week.
The Court allowed an appeal by Kenneth Tredgold Sykes, a traffic examiner, against the dismissal by Havant magistrates of a 'summons against Henry Edmund Millington, a Bedhampton haulier. It was alleged that Millington used vehicles for haulage not covered by his 13 licence and without long-distance permits. At the time, Millington's vehicles were working for Maurice Hill, Ltd., who had a C-h iri ng allowance.
The magistrates found that Millington would not necessarily know until after his vehicles had returned at the end of the day what work they had done for Maurice Hill, Ltd. Once the vehicles reached the company's office. Millington had no control over them until the work was completed. In the magistrates' view, Millington's drivers were, therefore, " agents " of Maurice Hill, Ltd., irrespective of whose " servants " they were. The work in question could in consequence be done under C-hiring allowance.
Lord Goddard said that the drivers were the servants of Millington and the magistrates could not find that at the same time they were the agents of the company. The person hiring a vehicle and driver committed no offence, but the person who hired out the vehicle did.
The case was ordered back to the magistrates with an intimation that the offence was proved, The Bench had ample powers to mitigate the penalties in this, a test case. Mr. Justice Lynskey and Mr. Justice Parker agreed.