DEALINGS IN LICENCES that abuse the law
Page 52
If you've noticed an error in this article please click here to report it so we can fix it.
By G. Duncan Jewell
AT HEN the Transport Act, 1953, was \ drafted, those responsible for authorizing trading in special A licences could not have foreseen the difficulties and abuses with which the haulage industry would be faced. Among the worst of these are the activities of certain dealers, most of whom operate no vehicles of their own, involving the transfer of licences and assignment of vehicles by irregular means. Coupled with questionable expedients for weighing and registration, they have involved many hauliers in difficulties with the Licensing Authorities.
Paragraph 6 of Part I of the first schedule to the Act lays down that no variation of a special A licence is permitted, except the removal of a specified vehicle from the licence or the substitution of a vehicle of the same or less unladen weight, or a reduction in the specified number of trailers. The holder of such a licence may assign the whole or any number of the vehicles authorized, whereupon the assignee obtains the same rights in respect of such vehicles for the unexpired portion of the licence.
Blank Forms Signed
The original licence holder must make the application to assign and have the vehicles deleted from his licence. But some dealers have instituted the practice of purchasing special A licences, with or without the vehicles specified on the licence, the vendor signing the required forms in blank for use at a future date.
Prospective buyers are advised that a special A licence can be obtained if a new vehicle is purchased, and if its unladen weight, as delivered to the purchaser, would be more than that specified on the licence, it is first registered and weighed in a stripped condition before assignment. The new owner may or may not be aware that when his vehicle is ready for the road its unladen weight will be much in excess of that specified on the licence.
Certain operators have been willing to turn a blind eye to a practice which is of great benefit to them in gaining extra payload, without giving the .question of legality much thought.. Others, particularly newcomers, appear to have accepted assurances from the .vendors that all licensing matters had been attended to and everything was in order.
Vehicles Too Heavy
Ignorance of the law is no excuse and when it comes to the notice of Licensing Authorities that a vehicle's weight is in excess of that specified on the special A licence, inquiries are immediately instituted. A Licensing Authority cannot allow a vehicle of greater weight than specified to remaiti on the licence, and in cases where it is not practicable, for financial or other reasons, to replace the vehicle, the only alternative is for the holder to apply to transfer it to a public A licence.
After public inquiries, the Northern Licensing Authority, Mr. J. A. T. Hanlon, has revoked several special A licences for weight offences. In some instances, where it has appeared that the haulier bought a licence in good faith and was at fault through ignorance, and where the revocation of a one-vehicle licence meant loss of livelihood, Mr. Hanlon has endeavoured to remedy the position by granting a short-term A licence for the same vehicle until a substantive application could be heard. More recently he said that, after a close study of the law, he was of the opinion that he was not empowered to make such a grant.
c 14
Regulation 5 (3) (b) of the Goods Vehicles (Licences and Prohibitions) Regulations, 1952, states that an applicant for a licence shall not include a vehicle specified in any licence issued to him which has been suspended or revoked, during the period of such suspension, or before the date when the licence is expressed to expire.
At Carlisle on November 6, the one-vehicle special A licences of Mr. Charles Hewitt, Annan, Dumfriesshire, and Mr. John Scott, Arlecdon, Cumberland, were revoked by Mr. Hanlon and short-term A licences were granted for their vehicles (The Commercial Motor, November 14). The decision has not yet been published in Applications and Decisions, but it appears that if the revocations stand, these vehicles cannot be authorized under public A licence until the special A licences have expired.
This difficult situation is complicated by the contention of a well-known northern solicitor that Section 9 (4) of the 1953 Act cannot apply to certain cases concerning unladen weight.
Revocation or suspension proceedings are instituted under Section 13 (1) of the Road and Rail Traffic Act, 1933, and Section 9 (4) of the Transport Act, 1953. Section 13 (1) states that a licence may be suspended or revoked by the Licensing Authority by whom the licence was granted on the ground that any of the conditions attached to it has not been complied with, provided he is satisfied—after public inquiry, if requested by the licence holder—that because of the frequency with which the conditions have been broken, or because the breach has been committed wilfully, or danger to the public, has been caused, this action should be taken.
False Statements
Section 9 (4) adds to these grounds cases where a licence holder has made, or been responsible for making, any statement of fact which Was false, or any statement of intention or expectation which has not been fulfilled, for the purposes of an application for, or the variation of, a licence.
It has been argued that no false statement of fact could be made by a haulier with regard to unladen weight if it was correct at the time of registration and the modifications were made between weighing and delivery to him. On the question of -declaration of intention, it has been contended that it related solely to the normal user of the vehicle, and not to unladen weight.
All these questions are of great importance to operators at a time when many special A licences are nearing expiry and revocation or suspension inquiries are increasing.
If a special A licence is revoked because of excessive weight, what of the interests of customers which are the Licensing Authorities' prime consideration? A situation could arise where an important industrial concern would find itself temporarily without transport.
In cases where there are extenuating circumstances, a solution would be to delay the inquiry until the, defendant had time to apply for a public A licence and, if he could justify a grant in face of possible objections, to allow him to surrender his special A licence.
The strict interpretation of the law may well be a matter for the Transport Tribunal, but any haulier who has special A vehicles exceeding in unladen weight the figure authorized on the licence should seek advice.