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ILLEGAL OPERATING ALLEGED

25th October 1963
Page 33
Page 33, 25th October 1963 — ILLEGAL OPERATING ALLEGED
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Which of the following most accurately describes the problem?

THE Metropolitan Licensing Authority,

Mr. D. 1. R, Muir, was told last Friday how information about licence discs and speedometer readings on tanker vehicles belonging to Hatter Bros., of West Thurrock, which were being serviced by an A.E.C. agent at Cardiff, was passed on to Harold Wood and Sons Ltd., a competitor.

Harold Wood was one of 10 independent tanker operators objecting to a fivevehicle Aand a five-vehicle B-licence application by Hatters to carry petroleum products (bulk liquids) in Great Britain. Pickfords was also objecting, as were Thomas Allan Ltd., Crow Carrying Co. Ltd., Davis Brothers (Haulage) Ltd., Tyburn Road Tank Services and others. At a previous hearing (The Commercial Motor, September 13) Mr. Muir was told that notice had been given to the applicants by the objectors that they proposed to raise evidence of illegal operating.

During the resumed hearing, Mr. R. W. Spear, transport manager for Hatters, was handed a three-page schedule by Mr. M. H. Jackson-Lipkin, for the objectors, which gave particulars of alleged licence violations. Mr. Spear denied that vehicles had been painted and operated in the colours of a contract customer-Benzoic Producers—before a Contract A licence had been applied for.

Questioned about the movements of one particular vehicle mentioned in the schedule, which had been seen in Cardiff, Mr. Spear said that it was on its way from Cardiff to Fleetwood, operating under a short-term A licence. When Mr. Muir pointed out that the user of the vehicle was " Petroleum Products for Esso within 50 miles of Purfieet", Mr. Spear agreed and said that the majority of the vehicle's journeys were around Purfleet.

Asked if another vehicle was in Cardiff on a specific date, Mr. Spear replied that this was not so as the vehicle at the time. was en route from Grangemouth to Warrington. He admitted that the vehicle had a user confining it to a radius of 50 mites of Purflcet—the vehicle, he said, had been " running up the country the majority of the time.

Mr. Muir: " You mean outside its normal user? ". Mr. Spear agreed. Mr. Spear said that if any vehicles were seen on the road painted in Benzoic Producers colours before the date of the Contract A application, this could only have been "for tanker repairs". The total Hatter fleet consisted of 70 tankers, 36 of which were operating under various licences. Some were on permanent hire to other operators and the rest were standing idle waiting for contracts to be negotiated.

After a signwriter had given evidence of the dates when he had painted vehicles of Hatters in Benzoic Producers colours, Mr. E. R. Hatter. a partner in the applicant company, gave evidence. Crossexamined by Mr. Jackson-Lipkin, he said that he would sell any of the vehicles that were standing in the yard if the price was right. Asked if he ever troubled to check, before letting out his vehicles, whether a hirer had licences under which he could operate them, Mr. Hatter said: "There must be some trust between parties." • Representatives from Harold Wood and James Hemphill, objectors. then gave evidence, after which Mr. J. R. Little. manager of Commercial Vehicles (Sales and Repairs) Ltd., of Cardiff, was called.

Mr. Little said that his company distributed and serviced new A.E.C. vehicles in Cardiff: there was another branch at Basildon. He produced workshop job sheets of certain vehicles of Hatters which had been serviced in Cardiff, and read out details of the repairs. _To the best of his knowledge and observation, he said, there were no licence discs on the vehicles he had mentioned.

Questioned by Mr. E. S, Fay, Q.C., for Hatters. Mr. Little said that the chairman of his company was Mr. Harold Wood. and it was a representative of Harold Wood and Sons who had asked him to "keep a good lookout to see whether they (Hatters' vehicles) were licensed ".

Mr. Fay: "Have you ever known of a firm looking up the records of its customers for the benefit of a rival, if he is unwise enough to use your company? Anything you learn in the course of your business relationship will be passed on to Harold Wood." Mr. Little replied: " Not necessarily."

Mr. Fay then commented that someone else should be warned about his (Little's) company. Mr. Little told Mr. Muir that he had serviced a lot of vehicles without licences.

The case was then adjourned until Monday. when after further evidence, Mr. Muir reserved his decision.


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