Buses Cannot Use Dee Bridge
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THE Minister of Transport, in a written decision, has dismissed an appeal by Aberdeen Corporation against the refusal of the Scottish Traffic (Northern Division) Commissioners to vary a road service licence authorizing a stage carriage service between Balgownie and Garthdee.
Dealing with the argument put forward by the Corporation that the Commissioners had no power to refuse the variation because consent was not required under section 101 of the 1930 Act, the Minister pointed out that, under section 134 (4) of the 1960 Act, a licence must be obtained notwithstanding the existence of an authority under part V of the 1930 Act or a special Act. An application to vary such a licence had to he dealt with under section 135 of the 1960 Act, which gave Commissioners discretion to attach conditions and vary conditions "in such manner as they think fit ".
On another ground of appeal—that an Order had not been made under section 39 of the 1960 Act—the decision went on; "The Minister is advised that the exercise of the Commissioners' powers under section 135 of the Act is not dependent on section 39. That there is no Order made under the latter section does not therefore fetter the Commissioners' powers or affect their decision."
The Commissioners had not acted unfairly and outwith their powers in calling for and taking into account certain evidence. Neither were they acting ultra vires when they took further evidence into account, the decision continued. They were required, under section 135(2) of the 1.960 Act, to have regard to, inter alia, the suitability of the route.
The decision ended by saying that the Minister accepted without hesitation that the application was designed to provide better facilities for the inhabitants of Kincorth. Given the geographical and operational facts of the situation, there seemed to be no attractive alternative to running buses over the Bridge of Dee, as proposed by the Corporation. But it seemed clear that lives would be at risk and the Minister could not disagree with the views of the Commissioners.