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Was the Driver the Customer's Agent ?

28th September 1951
Page 32
Page 32, 28th September 1951 — Was the Driver the Customer's Agent ?
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Which of the following most accurately describes the problem?

A CASE concerning the use of a C-hiring allowance came before Norwich police court, last week, when Pointer's Transport, Ltd., was charged with a breach of the conditions of its A licence in exceeding the radius of operation permitted by the Road Haulage Executive.

One of the company's vehicles was seen in Hertford, 30 miles beyond the permitted distance. It was displaying a C-hiring disc issued to one of Pointer's customers. The driver, when questioned, said that he was employed and instructed by "Harry Pointer," to whom he handed his records.

It was submitted that on the day in question, the driver had been lent to the customer, notwithstanding that he was in the regular employ of Pointer's, and that at the time he was the agent )r servant of the customer. The :ustomer reimbursed Pointer's for the driver's wages and payment for the hire of the vehicle was made.

The defending solicitor contended that the crux of the matter was in the interpretation of "agent or servant." He suggested that it could not be inferred that the law required the driver to be in the regular employ of the licence holder.

The company was fined £1. The Bench was asked to state a case.

O1.0.T.A. FIXTURES CTOBER meetings of the Institute of Traffic Administration include the following;— October 1, Southampton centre, reception and film show; speaker, Frederick Smith, Royal Hotel. Southampton, 7 p.m.

October 3, London centre, lecture on the use of roads, by N. Radford, Kingsley Hotel, London, W.C.1, 7.13 p.m. October 8. Birmingham centre, lecture an heavy haulage, by E. Bulgin, Crown Hotel, Corporation Street. Birmingham, 7.15 p.m. October 9, Manchester centre, lecture on design in road transport. by S. F. Page, Queens Hotel. Manchester, 7.30 p.m. October 31, Preston centre, lecture on freight. by .1. Fitzsimmons, Bull and Royal Hotel,. Preston, 7.15 p.m.


AFTER hearing a deputation from the Transport and General Workers' Uniou. urging a reduction in the number of standing passengers allowed in buses, Leeds Transport Committee decided last week that the present regulations permitting eight standing passengers should not be modified. The Union sought to have no standing allowed at off-peak periods, and five standing during rush hours.

• B.R.S. DROPS 1760,000 D EVENUE of British Road Services dropped by £760,000 in the four weeks ended August 12, compared with

the previous four-week period. The figure of £5,397,000 for the four weeks ended August 12—a holiday period— contrasted with £6,157,000 in the four weeks to July 15.

Receipts in the 32 weeks to August 12 amounted to £45,914,000 an average of £5,739,250 for each four-week period.

The provincial and Scottish road passenger transport interests of the British Tranport Commission yielded a30 £4,504,000 in the four weeks to August 12 (£3,945,000 in the previous four weeks) and £26,204,000 during the first 32 weeks of the year.

London Transport's revenue of £4,720,000 in the four-week period ended August 12 compared with £4,744.000 during the previous four weeks. The total for the 32 weeks was £36,259,000.

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