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Advice was Right
ONE clear fact has emerged from the recent decisions of the Transport Tribunal in connection with "axle" cases in the Northern Traffic Area: the advice received by the Road Haulage Association concerning structural alterations to vehicles during the currency of a licence, and passed on to members, was legally correct.
Whatever may be said about the propriety of turning to account a loophole in the law to gain advantage in carrying capacity, the fact remains that the irregularities for which those concerned are being punished are all in connection with false statements within the meaning of Section 9 (3) of the 1953 Act. .
In nearly all traffic areas an inquiry concerning alterations to vehicles during the currency of a licence has received a similar reply: "There is no necessity to inform the Licensing Authority or to apply for a variation of the licence. Any question of increased carrying capacity or possible objection will be dealt with on renewal."
This is understood to be the considered opinion of the Treasury Solicitor and the advice was given in good faith by the clerk to the Northern Licensing Authority.
Unwanted Protection Perhaps one of the most significant reasons why the Tribunal have imposed only nominal suspensions in recent cases is that the hauliers whom Mr. J. A. T. Hanlon, Northern Licensing Authority, has been trying to protect from unfair competition have not objected to the applications by the offenders to translate their gains to permanent advantage by obtaining public A licences for heavier vehicles. The only conclusion that can be drawn is that they have not been a Elected.
In the recent Metcalfe and Hudson appeals the Tribunal said that, although they were satisfied that statements had been made which were false within the meaning of Section 9 (3) of the 1953 Act, there had been no deliberate law-breaking and the respondents were justified in taking the advice of their Association. They had acted in good faith, but any haulier who transgressed the law, even without any ,intention of so doing, and obtained a commercial advantage, must suffer some punishment.
In each case, revocation was altered to suspension and the penalty was considered as purging the offence. The Tribunal directed that the applications for public A licences were to be dealt with on their merits and without consideration of the change in weight.
432 An immediate effect of these decisions was the revision by Mr. Hanlon of his decision to remove a vehicle from the licence of G. C. and A. Robson, of Staley, for similar offences. Altering the penalty to two months' suspension, he said that no greater blame could be placed on Robson than on Metcalfe or Hudson. He had had the benefit of the Tribunal's decisions and tiley called for a lesser penalty.
In a number of these cases small operators, knowing little of the law, have obviously acted in good faith, but, unless those whose interests are likely to be affected watch the situation closely and oppose "renewals" where applicants seek to make permanent advantages irregularly obtained, there remains a loophole for a haulier to score over his rivals.
A-hiring Rejected in Scotland
WHAT was regarded by many Scottish Vi hauliers as an attempt by Highland Haulage, Ltd., to gain almost complete control of A-licensed work in the north of Scotland has been foiled by the Transport Tribunal.
Their request for an A licence for 30 vehicles to be hired between September and April, on the grounds that customers were complaining about inefficient subcontractors using unsuitable vehicles and that the £70,000 paid for hiring in 1958 should be reduced, was first heard in March.
There were then 31 objectors and Mr. A. Robertson, Scottish Deputy Licensing Authority, in refusing the application. said that no one had ever complained of the recognized practice of dealing with emergencies by short-term licence, and many small operators would suffer if Highland Haulage, instead of the Licensing Authority, were allowed to control seasonal transport.
Upholding Mr. Robertson's decision. the Tribunal said that hiring, rather than buying, made no difference to proof of need. Although pressure might be severe in the Highlands at certain times of the year, they supported the practice of the Licensing Authority in granting shortterm licences readily and quickly when necessary and proposed that it should continue. When Highland Haulage's special A licences expired in 1960 they should give thought to an increase in heavier vehicles and the question of normal user.
The handing over of control of transport in a particular area to any large haulier, however good the intention, would quickly lead to a situation inimical to all the .smaller members of the industry. Before the appeal, a prominent Scottish haulier told The Commercial Motor that if such applications were approved, he would dispose of his interests.
No Short Cut from B to A
SHOULD a bona fide haulier Mita has no other business be allowed to convert a B licence into an A licence with a normal user similar to the B-licence conditions? Is a conversion from a B licence to an A licence justified by wrong advice given when the 1933 Act first came into force? These two questions have recently again been before the traffic courts.
In Scotland, an appeal by Mr. W. Watt Cook, who is exclusively a haulier, against the Scottish Deputy Licensing Authority's refusal to transfer six vehicles (24 tons) from B to A licence was dismissed.
Arguments on the ground of interchangeability of vehicles found more favour in Yorkshire, where the Deputy Licensing Authority granted a five-vehicle switch to F. Phillips (Haulage), Ltd., Sheffield, but with a normal user much wider than the original conditions. On appeal, the Tribunal reversed the decision, pointing out that the evidence was insufficient to show that the slight inconvenience suffered by the conditions limiting the use of the B vehicles was of such a nature that it could only reasonably be cured by the grant of an A licence.
New Application Coming
They added that there would be no justification for the change even if the normal user were restricted to an area not much greater than under B licence. They allowed the decision to remain in force until October to enable Phillip's to make a fresh application and suggested there might be a case for reconsideration of the B-licence conditions.
In the North-West an application by 14. Evers, Ltd., Manchester, to convert their large fleet of tipping vehicles from B to A licences on the ground that they had been wrongly advised, was strongly opposed and refused.
These decisions might well be borne in mind by operators when the question of applying for additional vehicles for (Continued on page 81)
.1 and delivery is under cona. Some applicants, to pacify
or for other policy reasons, 1 licences, but there have been s-licence grants for similar The much greater value attached licence vehicle and the difficulty ould be involved in any attempt
appears to justify an operator A-licence fleet seeking an Aollection and delivery vehicle.
dar Base ;-es Curbed ction taken by the South Wales nsing Authority, Mr. Idris Owen, ing to license eight vehicles to Parcels). Ltd., until two months date on which they, or any subehicles, ceased to be licensed in Ina! areas from which they had ;gularly transferred, has probably practice which many independent regarded with grave disquiet. horized switches from one part ountry to another could cause a pf transport in certain areas and ge in others, and, although it is gested that this was the case, ye been used to bolster up objec.iinst applications by hauliers.
imediate result of this decision : calling of an inquiry under 11 (5) of the 1933 Act (under
Licensing Authority may hold ry for any reason he sees fit) by sues Hodgson in the East Mid;oncerning vehicles which had ansferred from Wellingborough shden to South Wales without y. After being told that the 'ides had arisen through mistaken re, he commented that B.R.S. e treated in the same way as any perator and they had incurred easure. The vehicles were deleted ie East Midland licences from original inquiry it was submitted T. D. Corpe, for the objectors, h changes of base were far more than changes of types of goods. to which, so often, the B.T.C. objections to the limit, " Flats " to Tankers: rtt Increased Yorkshire Area, the application red Chappell, Ltd., to convert to k licence five special A vehicles ensed total of 33 tons unladen, lave been altered from " fiats" ;kers, with a weight increase of an 12 tons, will continue at Leeds ..:mber 7.
:al difference between this and ses of increased weight on special cc is that it is contended that ng that was done was with the owledge and permission of the lg Authority's office. The appli; opposed by Harold Wood, Ltd., Transport. Ltd.. British Raild B.R.S. (Pickfords), Ltd.
ng of the appeal by Bulk Liquid Ltd., against the 120,000 fine on the company and prison sen fences received by employees on charges of conspiracy and drivers hours offences at Leeds Assizes earlier this year, has been held up because of the great amount of work involved in preparing a transcript of the evidence. This has now been completed and it is likely that the appeal will be heard in the early autumn.
Contract-A Grants Cause Concern
NAEMBERS of the Caernarvonshire and Ori Anglesey Sub-area of the Road Haulage Association are gravely concerned about tipping work in south Caernarvonshire, where several A-licence vehicles are short of work because of the issue of contract-A licences to newcomers at allegedly cut rates. A special meeting has discussed the situation with a view* to approaching the Licensing Authority to hold inquiries before granting further contract licences in the area. Although a Licensing Authority would not be justified in refusing a contract-A licence on account of wasteful competition, he could do so if the terms of the contract were such that the operator would be forced, or seriously tempted by circumstances, to commit a breach of the special condition attached to his licence by seeking work outside, or if the rates were so inadequate that the vehicles could not be maintained satisfactorily.
Threat to Bulk-flour Hauliers
HAULIERS in the Eastern and North Eastern Regions of British Railways who have purchased expensive bulk-flour tankers may soon have to face serious competition from rail. There is reason to believe that pressurized flour tankers are being built and will shortly be in operation in these areas. The rail tanks will be detachable and suitable for collection and delivery to customers without rail sidings.
PASSENGER
Attack on Irregular Linking
THE North Western Traffic Commis sioners' plans to stamp out unauthorized linking by imposing conditions on the licences of more than 700 operators, as they come up for renewal, are now getting into their stride,
Many licensees have accepted the conditions without demur, but in the case of those who oppose the proposals, the chairman, Mr. F. Williamson, has agreed to withhold decision for six months to enable each fares area to formulate a schedule of linked destinations. He has made it clear, however, that the Commissioners regard unauthorized departures from licensing as extremely serious and will not necessarily agree to the proposals formulated. The schedules are likely to be opposed by British Railways, who contend that any linking grant should be accompanied by an appropriate cut in vehicle allowance. The attitude of the objecting express and stage carriage operators, most
of whom are also interested in excursions, seems to be that they will only object if a particular linked destination threatens abstraction.
The argument put forward that nowhere in the Road Traffic Act is there any provision that a vehicle shall not be used simultaneously on more than one licence appears to be based on the reasoning that, unless linking is expressly forbidden, it must be lawful. It takes no account of the fact that indiscriminate linking could affect vital express and stage services and would be against the public interest which the Act enjoins the Commissioners to consider.
It is clear, however, that some linking is essential, particularly in the case of small operators, and the North Western Commissioners' only concern is to keep it within control.
Cheap Excursions Feared
wiDE issues of national importance VV have been raised in Yorkshire by the applications of three companies in the Wallace Arnold Group—Wallace Arnold Tours, Ltd„ Leeds, Feather Bros. (Tours), Ltd., Bradford, and J. W. Kitchen and Sons, Ltd., Bradford—for authority to carry old-age pensioners, at fares reduced by 25 per cent., on their excursions and tours at certain off-peak periods.
It was stated on their behalf that it would be necessary to produce an oldage-pension book in order to qualify for the urgently needed concession.
The objectors submitted that the mere possession of an old-age pension did not mean the recipient was in need of financial aid. They cited as an example Lord Montgomery, who received art old-age pension yet could afford a Rolls-Royce and chauffeur. They also suggested that the logical conclusion of such concessions was a "means test" applied to travellers, which could create a dangerous precedent, as there were many other classes of society in need of financial concessions—the blind, limbless, unemployed and those persons with large families. Yorkshire stage-carriage operators expressed grave concern at the abstraction from their services which they believed would undoubtedly follow, and think that such an issue could properly be decided only at a national level.
Decision has not yet been announced by the Commissioners, and it is not unlikely that Maj. F2 S. Eastwood, the chairman, raised the matter with his colleagues at their last conference.
More Controversy Over Smoking
THE North Western Commissioners' proposal to add conditions to the licences of 10 express and stage-carriage operators to ban smoking on the lower deck of double-deck buses was heard at Blackpool yesterday. Mr. H. BottomIey, general manager of Ribble Motor Services, Ltd., has strong views on the proposal and sees no reason why the present situation, which has seldom been the cause of complaint, should he changed.