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Grant Reversed After BR-THC Appeal

26th November 1965
Page 26
Page 26, 26th November 1965 — Grant Reversed After BR-THC Appeal
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Which of the following most accurately describes the problem?

BECAUSE a director had been less than frank" about the relationship between his own and another firm of hauliers the Transport Tribunal, in London on Wednesday, allowed an appeal against his firm.

The appeal was by British Railways and the Transport Holding Company (BRS) against a decision of the North Western Licensing Authority to allow H. and L. Haulage Ltd. to vary their A licence by the addition of two artics.

For the appellants, Mr. R. H. Yorke said the business of three large customers of H. and L. Haulage had been carried by another firm, North Lines Haulage, who had now withdrawn this operation. H. and L. had asked for six vehicles to carry out the work themselves and had been granted two.

Mr. Yorke said that a director of H. and L. Haulage, Mr. A. Lavery, had been the only witness at the original hearing. He said in evidence that the sole connection between the two companies was that one director sat on both boards.

The Tribunal allowed Mr. Yorke to produce fresh evidence which showed that of the 24,001 shares issued by H. and L. Haulage, 16,950 were held by North Lincs.

After submitting that a prima facie case had not been made out by the applicant, Mr. Yorke said that BRS had carried the work of the three relevant customers in the past and could again absorb it. BR carried goods for all three customers.

Mr. T. H. Campbell Wardlaw, for IL and L. Haulage, said the LA had accepted Mr. Lavery's evidence. Mr. Yorke's argument could have a

boomerang" effect on the THC if at every application they were forced to make a " complete disclosure of what associated vehicles are doing ".

One of the three main customers, Marchon Products Ltd., had stated that their expansion programme would lead to an increased tonnage. There was also evidence that trade in the North West generally was increasing.

Allowing the appeal, the Tribunal's president, Mr. G. D. Squibb, said: "The evidence given by Mr. Lavery regarding the relationship of these two companies was less than frank." He added: "We have come to the conclusion that the making of this grant, albeit only to two vehicles, was not justified."

P.s.v. Suspensions

ICENCES covering eight p.s.v. belonging L. to W. C. and C. S. Peake, of Pontnewynydd, were revoked by the South Wales Traffic Commissioners on Wednesday, following reports on vehicle condition. More details of the case will appear next week.


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