Two Vehicles Withdrawn After Breach of Normal User
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A FTER a Birmingham . haulier had been given a "warning light" by another operator, he continued to use his four vehicles in breach of the declared normal user on his A licence, said Mr. W. P. James, West Midland Licensing Authority, last Friday. He ordered the withdrawal of two vehicles from the licence.
A. E. Morris, Short Heath Rd., Erdington, Birmingham, applied for a new A licence for 11 'vehicles with a total weight of 61 tons. The declared normal user was "general goods, mainly to Scotland." The grant was subject to the surrender of special A licences for seven vehicles. The remaining four were operating on an ordinary A licence.
When the case opened, Mr. James questioned Mr. H. G. Rowan, a director of the company, about an alleged breach of licence conditions by these four vehicles. The normal user shown on the declaration was "general goods within 50 miles" and the allegation was, said Mr. James, that for some time the vehicles had been used well outside that radius.
Mr. James Hesitant After hearing evidence, Mr. James said he had to consider whether the facts justified the use of any of these vehicles on traffic well outside the normal user. He would have great hesitation in accepting that they did.
It had been made quite clear to the applicant what grant had been made and what was the accepted user. Mr. Rowan's evidence was that he had approached an official of the Road Haulage Association and raised the point with him. He was told that the matter would be investigated, and Mr. Rowan's story was that nothing happened until the case came up last week.
Mr. Norman Carless (for the applicant): "He received his licence and assumed that whatever had to be done was done."
Mr. James: "There have been too many assumptions made in this case. The evidence is that one or More of these vehicles has been used outside the normal user as accepted in 1956. Now I have to address my mind as to whether one or more or even none should have a licence."
More Now Known Addressing the court in mitigation, Mr. Carless said that a great deal more was now known by those whose business it was to advise operators about the full effect of the declaration of normal user. Although the 1953 Act had long been in force, it was not until the Transport Tribunal gave their decisions in the cases of Knight and Hesketh that the true implications of normal user in relation to A licences became apparent.
Mr. James said he understood that another operator had brought to Mr. Rowan's notice the effect of the declaration of normal user.
Giving his decision, Mr. James said he would be justified in refusing to renew the licence of the four vehicles. There could be no doubt that in August, 1956, Mr. Rowan was given the warning light by another operator on the matter of declaration of normal user.
"It is true he says he went to an Association solicitor and put the matter before him and nothing was done," continued Mr. James. -" But Mr. Rowan holds a responsible position in this company. Once having been given the warning light in no uncertain terms, he should have followed the matter up."
Mr. James said that he would allow two vehicles to remain on the licence and these must keep within the last declared normal user until Mr. Rowan could bring evidence to show that this should be widened.
He would rather leave it to Mr. Rowan to decide which were the two vehicles he wished to retain, and he would be given time in which to inform his customers of what was going to happen.
Hydrostatic Drives Made in Quantity
QTEP LESS transmission for heavy cornts-)mercial vehicles has been brought a stage nearer by the quantity production of the Transmatic hydrostatic drive by Dowty Hydraulic Units, Ltd., Ashchurch, Glos. (The Commercial Motor, December 6, 1957).
The equipment, which was demonstrated on Tuesday, is intended, in its present form, for off-the-road vehicles engaged in heavy work requiring continual use of low gears and demanding high manceuvrability. It was shown to provide full flexibility.
A lever, with servo, controls both the speed and direction of the transmission. If the neutral position has not been selected accurately, a hand operated release valve prevents creeping.
The Dowty type 240 Transmatic drive now in production has a pump and motor displacement of 12.41 cu. in. The 10 cylinders operate at a maximum continuous pressure of 4,000 p.s.i. and give 0 to 2,000 r.p.m. in each direction. Maximum torque at rated pressure is 625 lb.-ft. and the input to the pump is 60 b.h.p. Overall efficiency is claimed to fall not lower than 80 per cent.