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Decision Reserved on Dumpers Appeal

29th January 1965
Page 43
Page 43, 29th January 1965 — Decision Reserved on Dumpers Appeal
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Which of the following most accurately describes the problem?

A DECISION of the South Eastern r-1 deputy Licensing Authority was :ontested at the Transport Tribunal last week by Hall and Ham River Ltd., sand end gravel operators. of Croydon. The company objected to the granting of a B licence to William R. Selwood Ltd., Dlant engineers, of Chandlers Ford, Eastleigh, Hampshire, for three dumper vehicles. The Tribunal reserved its decision.

Mr. P. Kenworthy-Browne, for the ippellant company, said that the dumpers were a highly specialized form of tipping vehicle, articulated and diesel-operated. Those concerned were originally taxed as -oad construction vehicles.

Selwood considered it was exempt from ;he provisions of the Road Traffic Act -equiring the firm to have a licence for he carriage of goods. But in 1962, a Ministry inspector told Selwood that the vehicles were being used for the carriage df goods and needed a B licence. An ipplication was put before the deputy LA. which, it was contended, was to -egularize a position which had arisen )ver a change in the licensing laws.

Mr. Kenworthy-Browne said it tppeared from comments made by the Jeputy L.A. that he was much influenced in favour of Selwood, because he considered the firm had been misled bos Hampshire County Council enabling the vehicles to be taxed as road construction vehicles.

Selwood had told the deputy L.A. that it Was not asking for any new use for the vehicles. The application had been made to enable the-firm to continue to use the dumpers for, county council work. Mr. Kenworthy-Browne .added that the deputy L.A. did not really seem to have addressed his mind to whether a need had been established for the vehicles. The grant was based on a misconception, he submitted.

Mr. R. Fabian, a director of Selwood. said that for 30 years dumpers had been registered without any difficulty as road construction vehicles. He did not want an impression given' that his company had in any way tried to avoid excise duty. Selwood had worked for the county council for two and a half years and was not asking for new traffic. The vehicles did not go on the public highway if it could' be avoided. But if the county council said they had to go from one point to another and they went on the highway without a B licence, they were breaking the law.


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