Mini-bus Appeal Fails
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THE High Court of Justiciary has rejected an appeal by Thomas Aitken, of Whitburn, who was found guilty of using a mini-bus to carry workmates to the B.M.C. plant at Bathgate, contrary to the Road Traffic Act. At Linlithgow Sheriff Court last October he was fined and disqualified from driving for three months. In his appeal he claimed that the Court was wrong in treating the minibus as a public service vehicle.
Lord Clyde, deciding on the appeal, said that it hinged on whether the vehicle had been used " for hire or reward" under Section 117 of the 1960 Act. There was no evidence of a contract having been entered into, said Lord Clyde, but on the evidence it had been demonstrated that the carriage was undertaken on the understanding that payment would be contributed by the passengers. On this evidence he took the view that the mini-bus was being used for carrying passengers for reward within the meaning of the Act and dismissed the appeal. Lords Carmont and Guthrie agreed.
Happy Times Appeal Dismissed
THE Minister of Transport has disI missed an appeal by Happy Times Coaches Ltd. against the decision of the West Midland Traffic Commissioners refusing to grant a road service licence to operate an express carriage service between Wednesficld and Margate.
It seemed. said the Minister, on the evidence, that the use of taxis from Wednesfield to join coaches in Wolverhampton was at least as much a result of the customers' choice as of necessity. In the circumstances he could not accept that a need for a service direct from Wednesfield had been made out. He also noted that many of the witnesses had previously travelled to their satisfaction with Don Everall Travel Ltd.; and that Everall had a well-established position in Wednesfield, and was contemplating renewing its application for an additional vehicle allowance at the peak holiday period.
Contract Switch Granted
rONVERS1ON of two Contract A
licences to A, and extension of the normal user for a fleet of six A vehicles, were granted at Glasgow last Friday to Fulton and Semple, of Crosshouse. Mr, J. Fulton gave evidence that building work handled by their contract firm, I. and R. Howie Ltd., sanitaryware manufacturers, of Kilmarnock, was very seasonal and the spring of 1963 was so severe that the work was completely dislocated. Howie now wished to give up the contract agreement, which expires this year. and to operate as a normal customer.