12 bus operators guilty of illegal use
Page 39
If you've noticed an error in this article please click here to report it so we can fix it.
• Twelve West Lothian bus and minibus operators appeared before Sheriff W. T. Hook at Linlithgow last week charged with offences under Section 134(1) and (3) of the 1960 Road Traffic Act. All were found guilty of the charges and fines varying from £20 to £40 were imposed.
The case of R. P. Prentice and Sons was treated as a test case. Mr. A. T. Brunton, transport manager of D. B. Marshall Ltd, Newbridge, poultry processor, gave evidence that it entered into an arrangement with Prentice to carry workpeople to and from the factory to destinations in the county. in April 1970. The firm had previously employed Central SMT, but because of "wildcat" strikes, general unreliability and then an official strike it had sought to make alternative arrangements. It had contracted with Prentice to operate on a certain route at a certain price per day which worked out at £9 per day paid monthly.
In turn, the firm deducted from the wages of the employees carried sums varying from 5s to £1 per week, said Mr Brunton. There were similar arrangements with other operators and the employees could use whichever of the contractors they saw fit. For the accused, it was claimed that payment was made by contract and that this was not an express service in the proper meaning of the definition. If it were regarded as an express service, the onus was on the Crown to prove the guilt of the accused by proving culpable knowledge. The owner was not charged with permitting the use of the vehicle which was what he did, but with using, which he did not.
The Sheriff rejected that line of argument, however, and found the accused guilty.
Mr McGhie, defending, then said there were a number of cases and he would plead guilty in each. He claimed that the operators were providing a service vitally needed by industry in West Lothian. But the Sheriff again pointed out that this was no reason for breaking the law. In the case of Prentice and Joseph Kennedy, where contracts applied, fines of £30 and £25 respectively were imposed. In the remaining 10 cases where fares were collected directly from passengers, fines of £20 were imposed. In all, 12 firms or individuals were involved.
It is understood, following this case, that the concerns involved will apply to the Traffic Commissioners for grant of road service licences to legalize their operations to comply with the position in which they now find themselves.
Exeter City centre ban
• Proposals by Exeter City Council have been put forward to ban commercial vehicles from the city centre for a trial period to reduce congestion, noise and damage to buildings. The plan is only in its initial stages and the RHA is being consulted for possible alternatives.