New Application Needed for Changed Base
Page 63
If you've noticed an error in this article please click here to report it so we can fix it.
IMPORTANT statements on a point relating to bases from which hauliers may work were given at a meeting of the Plymouth and District Sub-area of the Road Haulage Association, over which Mr. E. F. King presided. Two letters from Mr. E. F. Packer, clerk to the Western Traffic Area, were read.
Mr. Packer stated: " The interpretation of the Road and Rail Traffic Act, 1933, can be finally decided only by the Courts, but, in the view of the Licensing Authority, as the application for an A or B licence must specify the permanent base or centre from which it is intended that the authorized vehicle will normally be used, and a separate application must be made in respect of each base, it would seem that a change in bases would so alter the conditions of operation that a new application . . . is essential.
" A further point which makes this desirable is that information as to any change in base is necessary in connection with the examination of vehicles by the vehicle examiners. It may be, however, that the provisions of Section 5 (3) were intended merely to in
dicate to which Traffic Area the. applications should be made. The point is an important one, and I am raising it with the Ministry. . ."
The second communication read : " It does not appear that there is anything in the Road and Rail Traffic Act, 1933, which requires the holder of an A licence to take out a new licence in respect of vehicles already authorized, when he proposes to operate them from a new base or centre. Similarly, where an A licensee asks only for a variation which the Licensing Authority is bound to grant, he is not required to disclose any alteration in his base of operations.
" When the application for the renewal of the licence is being dealt with, the Licensing Authority can point out to the operator that he has got to justify the grant of it under the new conditions. On the other hand, where an A licensee applies for a variation which is discretionary, it would seem that the Licensing Authority could, if he so desired, refuse the grant of the variation on the ground that what the applicant really requires is not a variation in vehicles to be operated from the base in respect of which the licence was granted, but a new licence for a separate base."
A committee to make arrangements to form a clearing. house was set up, as follows :—Messrs. F. S. Huxh.am, G. J. White, Leach, S. Mavin, F. J. Curtis, and R. W. Fennamore (secretary).
An interesting point arose when it was reported that a dissolution of partnership had taken place in connection with a haulage firm, the erstwhile partners of which had. now applied separatelyfor licences. It was felt that to allow this to pass without objection would be .to create a dan gerous precedent. As, however, no hauliers were affected, no one was willing to pursue 'the objection.
The chairman said there should be a fund available from the national body for such a purpose, and it was evident that the machinery of the R.H.A.—in that area, at all events—required tightening up. Mr. F. S. Huxham said it was not a question of this particular case, but the principle that was involved. It was decided that an objection be raised.