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Authority Revokes Two Special-A Licences: Weight Discrepancies

25th July 1958, Page 41
25th July 1958
Page 41
Page 41, 25th July 1958 — Authority Revokes Two Special-A Licences: Weight Discrepancies
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Keywords : Law / Crime

THREE hauliers appeared before the Northern Licensing Authority, Mr. 1 J. A. T. Hanlon, at Carlisle, on Tuesday, to show reason why their special-A licences should not be suspended or revoked. They were Mr. William Stubbs, Norfolk Road, Penrith ; Mr. Lawrence Stoddart, Newtown, Irthington, Carlisle; and Mr. Henry Leonard Wilson, Beehive Inn, Eamont Bridge, Pen rith. The licence's of both Mr. Stubbs and Mr. Stoddart were revoked with effect from today, whilst Mr. Hanlon granted an application for the withdrawal of the assignment order in the case of Mr. Wilson.

Mr. I4anlon heard the evidence against Mr. Stubbs and Mr. Stoddart first, before giving a decision on their cases.

In Mr. Stoddart's case, Mr. Hanlon said it had come to his notice that a vehicle specified on his special-A licence weighed 3 tons 12 cwt. 88 lb. unladen, not, as had been described by him, 2 tons 18 cwt.

Mr. Stoddart said in evidence that he bought the vehicle from K. and B. Motors, Ltd., Newcastle. He specified a number of modifications to be made to the vehicle, and the company undertook to carry out this work. On November 7, 1955, he took delivery.

No Alterations He began operating immediately, but it was only after reminding K. and B. several times that he was eventually provided with the special-A licence and the identity certificate. No alterations or additions had been made to the vehicle since he took delivery. When he received the registration book he noticed that it had been previously registered in the name of Ian McLaughlin, Hillside House, Prudhoe.

He had expected it to be originally entered in his name because it was a new vehicle. When he had the lorry weighed he discovered that its unladen weight was greater than that shown in the registration book. Immediately afterwards it was weighed by officials of Cumberland County Council and he paid the additional tax. Later he approached Mr. E. Waters, a director of K. and B., and told him of the discrepancy. Asked if the licence was in order, Mr. Waters replied that the tare weight was the weight on the licence.

Mr. Stoddart said he still was not satisfied and wrote to the Licensing Authority. The assignment form which had been produced by Mr. Hanlon bore his name, but was not signed by him. However, the letters which he had sent to the Authority had been signed on his behalf by his wife.

Signature Examined At Mr. Hanlon's request, Mr. Stoddart agreed to sign a blank piece of paper, and the signatures were compared. Mr. Hanlon then asked Mr. Waters if he would like to say anything, adding that he did not know whether any proceedings were to be taken against his company. Mr. Waters said the Mr. McLaughlin mentioned in evidence was one of their sales representatives who held licences for them.

In the case of Mr. Stubbs, Mr. Hanlon said the offence was similar and was also one in which K. and B. were involved. Mr. Stubbs had been operating a vehicle of 7 tons 13 cwt. 16 lb. unladen, when the weight specified on the licence was 5 tons 10 cwt. 35 lb.

Mr. Stubbs explained that he contacted K. and B. and agreed to buy a new vehicle with a special-A licence. He started to run it immediately on delivery, and it was not until he was told to have the vehicle weighed by Cumberland County Council that he discovered that the weight was greater than that in the registration book.

When an application form bearing Mr. Stubbs' name was produced he denied having signed it. Asked by Mr. Hanlon how he expected to get a licence without signing an application form, he replied: "I suppose I must have signed one, but that is not my signature."

Heavier Tyres

He agreed, in reply to Mr. Waters, that he had been told to have the vehicle re-weighed when he visited the company's premises because heavier tyres had been fitted at his request.

Mr. Hanlon said that in Mr. Stoddart's case it would be wrong for him to allow the vehicle to continue to be used under the special-A licence. It appeared in the case of Mr. Stubbs that the holder of the licence had deliberately caused the weight to be changed, and well knew that when the changes were made the weight would be much greater than that authorized in his licence. The revocations would take effect from July 25.

Assignment Order

The third case, that of Mr. Wilson, was in connection with an assignment order in which he had applied for a vehicle to be taken off his licence. Mr. Wilson told Mr. Hanlon that he had decided to sell the vehicle concerned to K. and • B. Motors, but the deal did not come off. He filled in assignment forms, but failed to notify the Authority when the deal was discontinued.

Mr. Waters said Mr. Wilson took the vehicle to Newcastle, but when it was found that it was on hire purchase his company decided not to buy it, and Mr. Wilson took it away.

Mr. Hanlon told Mr. Wilson that the application for the withdrawal of the assignment would be granted, and warned him that in future he must notify the clerk to the Authority.


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