Voluntary suspension firm escapes penalty
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THERE was a unique situation at the South -a' Eastern traffic area court on Tuesday when the LA, Maj.-Gen. A. F. J. Elmslie, had before him a company director representing two companies who was concerned in two separate cases.
The director, Mr. C. W. Sayer, of C. W. Sayers (Transport Services) Ltd., and H. M. Robson (Haulage) Ltd., appeared first to ansWer a charge concerned with offences against Section 178 of the 1960 Road Traffic Act. Both companies were represented by T. H. CampbellWardlaw.
C. W. Sayers Ltd. had previously appeared before the LA at Reading whed the case was adjourned. It was alleged that it had acted in contravention of its declaration of intent. A vehicle licensed in the South Eastern traffic area, with an operating base at Basingstoke, had been operated in Middlesbrough. The normal user for the vehicle was the carriage of paper, lime, steel, machinery, and agricultural requisites in the Home Counties and Scotland. The vehicle had in fact been used for the collection of milk churns from farms in Brough.
Mr. Sayer admitted to the LA that the company had acted in default for at least the three months for which records had been produced. He said that the default may have gone back to 1963 when the business had been acquired from H. M. Robson (Haulage) Ltd.
In mitigation, Mr. Sayer told the LA that his brother-in-law who had been in charge of the transport operations had acted without his knowledge. The management had now changed, and it was his earnest desire to get the business on a proper footing.
Mr. Campbell-Wardlaw told the LA that since the suspension of three of the Robson vehicles expired on August 14 they had not been used. This was done pending an application which was to be heard following the present case.
The LA then called the case, which was an application from. H. M. Robson for an A licence for five vehicles with a normal user similar to the one attached to the Sayers' side of the business. If this application were granted an A licence covering the same five vehicles but with a very limited normal user would be surrendered.
The LA adjourned to consider both cases and on his return he said to Mr. Sayer: "If I should appear to be lenient, it is not because I do not take a most serious view of what has been going on." The LA then told the operator that since he had declared his intention to put his house in order and had in fact imposed a voluntary suspension on the three Robson vehicles that he did not intend to impose any further penalty. The application was granted as applied for, the only objectors, British Railways, having withdrawn.