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CLARK WINS CONTRACT APPEAL.
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On Wednesday, the Appeal Tribunal announced its decision to allow the appeal of Mr. Edwin Clark, of Aveley, against the Metropolitan Licensing Authority's refusal to grant him a Contract A licence.
The Tribunal agreed that the Licensing Authority had misdirected himself in holding that, under Section 7 (1) of the 1933 Act, Hornchurch Urban District Council (with which the contract had been made) was obliged to employ the vehicles concerned.
An applicant for a Contract A licence, continued the Tribunal, must merely offer the following four proofs:—(1) That a contract exists; (2) that tile council I's a person carrying on a tradM or business (not being the business of carrying or arranging for the transport • of goods); (3) that the contract has been entered into for the carriage of goods for not less than a year; (4) that the vehicles will be used exclusively for the purposes of the contract.
Mr. Clark satisfied these requirements and, accordingly, the application was one which the Licensing Authority was bound to grant. The appellant is to he allowed six vehicles and another four to be acquired, subject to a condition securing their exclusive use for the purposes of the contract.
Reasons for the decision will he given later.
Road Transport Provides the Personal Contact.
At the annual meeting of Transport Services, Ltd., Mr. E. C. Thomas, chairman and joint managing director, said that the company was unique as an investment concern, in that its investments were confined to undertakings engaged in the road transport of goods. He stressed the points that road transport had lessened pilferage, reduced packing costs, enforcei a better all-round service by all forms c20 of transport, and introduced a personal contact between the transporter and the trader, The company's investments cornprised the whole, of the issued share capital in subsidiary organizations conducting well-established and successful businesses, both as operators of road transport and as clearing houses.
Commenting on the recent report of the Transport Advisory Council, he emphasized that the public's right to the selection of the form of transport most suited to its needs must be respected. Furthermore, he thought that road hauliers should be permitted to create a rates structure for themselves and the regulation of transport should not stifle any section.
Silver Mask on "C.M." Stand.
We have made special arrangements for the well-known artist and caricaturist, Silver Mask, to be on The Commercial Motor stand (No. 13) for the first three days of the Commercial Show at Earls Court, from 11 a.m. to 1 p.m., and 2.30 p.m. to 6 p.m. His "
victims" will receive personal invitations to sit.
All eyes in the commercial-motor world are fuming towards Earls Court, where the greatest road-transport exhibition ever held in Mb rountry will takc Place from November 4-13. The exhibits will be even more impressive than the imposing facade of the giant building.
CONDITIONS IMPOSED ON A LICENCE.
What is, in effect, a condition has been imposed upon an A licence granted to Pickering and Pawson, Ltd., Beeford, Driffield, by the Yorkshire Licensing Authority.
Mr. F. G. Bibbings, A.R.O. Yorkshire Area secretary, applied on behalf of• the company for a short-term A licence for one vehicle to be used from October 1 to December 31 for the conveyance of general goods, mainly grain, building and demolition materials, where required, and road and building plant and material for Fast Riding County Council, where required. The application was granted, but not for general goods.
It will be interesting to Imow by what right the Licensing Authority has imposed this condition.
Haulier Fined £20 for Permitting Overloading.
A haulage contractor, Lewis Norman Harris, of 13ilston, Staffs, was fined £20 at Cirencester (Gins) Police Court, last week, for permitting the use of a lorry carrying an excessive weight. A summons against the driver was dismissed on payment of costs.
Mr. Frank Prosser, the inspector of weights and measures who prosecuted. said that• Harris was fined at Cheltenham for a similar offence on the day before the lorry was stopped at Cirencester. " I submit this is a case of deliberate overloading, and I ask that the maximum penalty shall be imposed." he eaid.
WOULD RATHER GO TO PRISON THAN PAY FINE.
Stating that the offence was due solely to a clerical error. Mr, A. S. Smith (seeretarY),' appearing on behalf of the Bridlington Fruit Co,, refused to pay a fine of £2 and us. 6d, costs when the company was summoned at Bridlington Police Court, last Saturday, for using a vehicle for the carriage of goods without a C licence.
It was stated in evidence that Smith had a licence in respect of a previous vehicle, but had failed to have it " transferred " to the present one. Since the offence was committed, application had been made for the authorization of the newvehicle.
Later, Smith said he would' go to prison rather, than pay the £2 Ils, fld„ which he described as outrageous for arclerical error.
Export Experts in the Making.
Classes in commerce and export, statistics and principles of accounting, for those working for the Institute of Export examinations and for others interested in the export trades, are now running at the Wandsworth Technical Institute, High Street, London, S.W.18. The fees are nominal, the maximum being 30s. for two or three evenings a week.
The instructor is the sales manager (export) of the Metal Box Co., Ltd., a large exporting and industrial concern.
Ferguson-David Brown Tractor Amalgamation.
A new company has been formed under the title of Ferguson Brown, Ltd., with the object of amalgamating the interests of Harry Ferguson, Ltd., and David Brown Tractors, Ltd., both of Huddersfield. It will combine the sales and manufacturing activities formerly carried on by the two separate concerns.
The capital of the new company is £100,000 and the directors are Messrs. F. E. Brown; David Brown, A.I.Mech.E.; Henry G. Ferguson, M.I.A.E., A.F.Ac.S.; Ernest de Silly Hamilton Browne, D.L., J.P.; Thomas MacGregor Greer, D.L., J.F., and Arthur Sykes, B.Sc., M.I.Mech.E.
New Midland-Electric Announced.
In addition to the 12-cwt, batteryelectric vehicle produced by Midland Vehicles, Ltd., Upper Grove Street, Leamington Spa, a new model rated at 20 cwt. is now in production. This larger type, although planned on similar lines to the original model, has a more powerful motor, a longer wheelbase and is usually fitted with a larger battery.
Actually the dimensions' of the major units in the chassis are almost identical with those of the smaller vehicle. The wheelbase, however, is 8 ft. 4 ins. (against 7 ft. 4 ins, in the 12-ewt, model), whilst the body space and • overall length are also 1 ft. longer, that is 8 ft. and 12 ft. 4 ins. respectively. The 72-volt battery, usually standardized, has a larger amp.-hr. capacity,
and is, in consequence, housed on four trays, instead of two, as in the smaller. machines. Each tray is arranged to slide outwards in the familiar MidlandElectric fashion. The chassis price is £190 complete with 6.00 by 17 tyres.
Testing Oils for Corrosion.
Alexander Duck ham and Co., Ltd., invites visitors to Stand 241 to bring small.samples of the motor oils they use, so that the properties of resisting corrosive wear can be demonstrated.
India Store Needs 2-tormers.
The Director-General of the India Store Department, Belvedere Road, London, S.E.1, is inviting tenders for the supply of four 2-ton petrol-driven four-wheeled low-loading vehicles. The closing date is November 9, and forms of tender are available from the above address, at a fee of N.
NO MORE ROPE FOR TRANSGRESSORS.
The time of trial and experiment has passed and breaches of the law will lead to the revocation or suspension of licences. The Licensing Authorities have exercised great patience in securing the observance of the 1933 Act, but there comes a point where the exercise of forbearance becomes almost a neglect of duty.
This edict was issued by Sir Henry Piggott, South Eastern Licensing Authority, at Brighton, last week, when considering Whether Barlow and Co., 81, Riley Road, Brighton, was a fit and proper concern to hold a licence. The company was alleged to have operated outside the terms of its licence, and Mrs.: V. C. Sexby, who is responsible for the haulage part of the business, was warned as to the serious consequences of future transgrAsions.
Perkins-engined Taxicabs?
Since our announcement of the introduction by F. Perkins, Ltd., Peterborough, of the new Panther sixcylindered oil engine, two more units have made their appearance. These are the Puma, with four cylinders, developing 56 b.h.p. at 2,600 r.p.m. and designed for 2-21-tonners„-and the Python. a three-cylindered unit giving, at this speed, 421 b.h.p. The latter is 'suitable for 15-20-cwt, vehicles and taxicabs.
We understand that, already, taxi proprietors are aware of the advantages of the oil engine, in respect of their requirements.
Both these new units embody the maid features of the Panther which was fully described in our issue dated October 8. They will be on view at the Show.
Ford to Spend £8,000,000 on Expansion.
An expansion programme now unclei way at the River Rouge plant of the Ford Motor Co. will cost ovel 40,000,000 dollars (£8,000,000), says a message from New York. The programme is planned to enable the Ford Co. to maintain its policy of manufacturing at its own plants a substantial share of all the parts required in the making of its products.
The structural part of the programme will require the purchase of 45,000 tons of steel. The new foundry building alone will cover 8 acres and increase the area of the Ford foundries, already the largest in the world, to 38 acres.
Boom Year in Oil Engines.
In the financial year of Leylaml Motors, Ltd., which ended on September 30 last, an increase of more than 40 per cent, in the production of direct-injection oil engines occurred, compared with the previous financial year. During 1935-36. 4,8 compressionignition engines were built for every single petrol unit. the former figure rising to 5.8 in the past year. A factor which helped to swell the past year's total was the number of units Ordered for converting petrol buses.
GUY'S HAVE GOOD YEAR.
A satisfactory state of affairs is revealed by the latest report of Guy Motors, Ltd., Fallings Park, Wolverhampton, covering the year ended June 30, 1937, and the net profit of £41,007 represents a good advance on the previous year's total. Although the company is engaged upon important Government contracts for various types of vehicles, these comprise only the smaller part of its output, which principally consists _a vehicles for business and municipal operators.
. The recently issued report mentions the fact that the output for the first three months of the current financial year has increased more than 50 per cent., compared with the corresponding period of last year, and, with the much-increased output, the company is able to offer delivery of standard vehicles within a reasonably short time.
Monopolies Forcing Down Rates?
An allegation that the monopoly position created by the Licensing Authorities was being exploited by certain persons, in order artificially to reduce rates, was made by Mr. H. Backhouse, Jour., before the NorthWestern Deputy Licensing Authority, at Chester, last week. He was appearing on behalf of Mr. R. Riley. -of Bronington, Whitchurch, who applied for a renewal of his A licence for 11 vehicles (30 tons).
Mr. Backhouse said that it was a serious position and one which was
viewed with anxiety. He suggested that he and Mr. V. R. Shepherd, representing another haulier, together with Mr. G. H. P. Beanies, for the railwayg; should see Sir William Hart privately to discuss the matter. If possible the present application should be adjourned so that the matter might be brought to the notice of the Ministry of Transport. Sir William agreed to this course.
Lincoln and Grimsby Ford Dealers . Ally.
The Lincolnshire Motor Co., Ltd., 'Grimsby, has acquired the business of Lincolnia Motor Co., Ltd., 369, High Street, Lincoln. Mr. E. P. Shurety, F. I. M ,T , M.Inst.B.E , F.I.A.C. , who has been general manager with Lincolnia for 4i years, will continue in the same capacity under the new control.
Mr. C. A. Byron-Turner, J.P„ is managing director of Lincolnshire Motor Co., Ltd.. the Ford main dealer for North Lincolnshire.
Varied I.T.A. Programme.
Industrial Transport Association, Chandos House, Buckingham Gate, London, S.W.1, has issued a booklet giving cle.tails of its programme of meetings for the session 1937-38, from which it is clear that a wide and varied selection of subjects will come under discussion. The programme of each branch is referred to independently and, so far as London is concerned, two papers to be read early in the New Year will be of interest to many of our readers. The first, entitled "National
c22 Motor Roads," is by Mr. W. A. Winson, F.I.T.A., president of the Commercial Motor Users Association, whilst Major J. A. McDonald, D.S.O., M.C., of Gilfords (H.S.G.), Ltd., will speak on "Producer Gas for Commercial Vehicles.'
Shipping Guide for Hauliers. .
The following is the number of ships arriving at the London docks, wharves and jetties named, from October 29November 6 inclusive:--DocRs: King George V, 4; Royal Albert, 6; Royal Victoria, 5; Surrey Commercial, 7; West India, 1; South West India, 4; Tilbury, 11; Tilbury Stage, 3; Millwall., 7; London, 2. WHARVES: Hay's. 6;
Middleton's, 1; Butler's, 2. Regent's Canal, 1.
1 Where to Stay in London.
Provincial visitors to the Commercial Motor Show, who wish to stay in London, might well try the Redston Court Hotel, 10-12, Barkston Gardens, South Kensington, S.W.5, within five minutes of the Exhibition.
Broadcast on New North Road.
Listeners-in to the Welsh programme on November 6 at 9.90 p.m. will hear a discussion on the projected new North Road by prominent Welshmen. The present suggestion is that the road should connect Cardiff with Llandudno or Colwyn Bay. PERSONAL PARS.
After 18 months' absence abroad on business, MR. P. N:' MATTON has resumed his duties as sales manager of Trico-Folberth, Ltd., Great West Road, Brentford, London.
The many friends of MR. JAMES WATT, .M.I.A.E., will learn with regret that they will be unable to meet him at Earls Court as he is in hospital recovering from pneumonia and pleurisy.
MR. M. A. McEvoy has taken over the management of the Melbourne Engineering Co., Ltd., Melbourne, near Derby. The other directors are MR. I. WINTERBOTTOM and Mn, T. KESLER.
MR, G. E. GODFREY, who for over .I8 years has been with John I. Thorny. croft and Co., Ltd., first as a pupil at its works and, later, as a representative, has resigned to take up an appointment with Spencer Moulton and Co., Ltd.
COL. A. JERRETT, who, aS reported in our issue for last week, has resigned the vice-chairmanship of the associates committee of the B.R.F., has asked us to point out that he is now in excellent health. His resignation was partly due to his inability to attend sufficient meetings last year, when he was president of the C.M.U.A., and to a bout of illness during the early part of this year.
Mn. J. Poiss, who was, until recently, sales manager of ArmstrongSaurer Commercial Vehicles, Ltd., has taken up a sales appointment with John I. Thornycroft and Co., Ltd. Mr. Janes, whose portrait appears on this page, entered the commercialvehicle industry in 1913, at which time he joined the Commer concern at its Luton works. After the war, he rejoined this company and, after leaving Luton in 1927, was for several years with the sales department of the original Saurer company.
South Wales Needs More Road Transport.
" Road transport is a very important factor in the development of light industries and becomes more important every year." This statement was made by Mr. W. Palmer, before a Royal Commission which is inquiring into the location of industry.
He said that South Wales was practically dependent on the Great Western Railway and the Severn Tunnel. Possibilities of the delivery of light goods by road were comparatively small. No .doubt, the absence of facilities for road haulage had, to some extent been a disadvantage.
Noted Northern Licensing Expert Dead.
Northern operators learned with regret of the death of Mr. Joseph Lustgarten, the well-known northern barrister, who collapsed and died at a banquet last Saturday. Mr. Lustgarten was an authority on licensing legislation and frequently represented operators in important cases in the traffic courts and elsewhere.
MECHANICAL SIGNALS TO BE ENFORCED?
A suggestion that lorries with bodies extending beyond the drivers' cabs should be fitted with mechanical indicators, so that effective signals could be given, was made by Mr. Justice Goddard in the King's Bench Division. on October 21.
"It has always been a surprise to me," he said, "that the Ministry of Transport, which makes so many Orders over the use and construction nf motorcars, has not dealt with the question of lorries constructed as this one was. A police witness has told me that there was a 15-in, overhang between the cab and the body, and that he had to lean right out and stretch his arm fully before he could make an effective signal.
"Some day I hope there will be some regulation that, in cases where the body does come out, as'in this case, an indicator is to be fitted to the outside of the body of the lorry, so that effective signals may be given."
False Oaths Charge Irrelevant.
At Dunfermline Sheriff Court, on Monday, Sheriff Umpherston upheld objections as to the relevancy of a complaint under the False Oaths (Scotland), Act, 1933, affecting three drivers employed by J. Jesner and Sons, Ltd., Lochgeliy.
The men were charged under the False Oaths Act with knowingly and wilfully making false statements in their records, contrary to Section II of the Act.
Sheriff Umpherston sustained the objections on two grounds. First, that the making, signing and delivering of records was not in pursuance of a statute or regulation applying or extending the Statutory Declarations Act, 1835, and, secondly, the obligation on drivers to make, sign an:1 deliver records was not imposed by a general public Act of Parliament, but by a statutory order.
" I think," he added, "there are in the Road and Rail Traffic Act provisions under which the accused might be charged in a complaint with what is charged in this instance."
The case was the first of its kind to come before a Scottish Court and was in the nature of a test case.
Workmen in Lorries: Vital Ruling.
Hauliers who convey their employees to their places of work will be interested in a case, dismissed at Airdrie Sheriff Court, last Friday, by Sheriff A. D. Donald. Messrs. Alex. Aitkenhead and Son, builders, Blantyre, were sued by Mr. George Black, 95, Altyre Street, Tollcross, Glasgow, for £300 as compensation in respect of the death of his son, Duncan, who was killed while being conveyed to his work in a lorry belonging to the respondents, by whom he was employed.
The Sheriff stated that the deceased workman joined the lorry daily at lia.rgeddie, And travelled with a number of fellow-workers to the place of employment at Gartcosh. This was the only available means for transport. Although there was no express contract between the parties, deceased knew that the use of the lorry was available to him free of cost.
A decision given by the First Division of the Court of Session. Edinburgh, was accepted by the Sheriff as an authority in the case. The decision was that a berry picker injured while travelling to a farm in her employer's vehicle—the only mode of conveyance —was held not to have been injured in the course of her employment.
The Sheriff, who held that Duncan Black did not aneet his death " in the course of his employment," dismissed the action, with costs to respondents.
Traffic Commissioners' Staff Removal.
The staff of the Northern Scotland Traffic Commissioners and Licensing Authority has now completed the removal of headquarters from 17, Broad Street, to 14, Crown Terrace, Aberdeen.
Those Lavender Dodges.
It should be noted that the 25 Dodge Major tipping vehicles supplied to W. J. Lavender, Ltd., Littleton Lane, Shepperton, to which reference was made in last week's issue, were delivered through Automotive Spares, Ltd., 50a, Overclale Road, London, W.5, a sub-dealer under Jack OIding and Co., Ltd.
Pye's Not Involved, We regret that in our paragraph entitled "Another 'Permitting' Charge Fails," published last week, we referred to a summons as applying to H. Pye and Son, Ltd. 'Actually, the only connection that this company had with the matter was that the defendant had hired the vehicle from H. Pye and Son, Ltd., and was the "user,' having supplied the driver. EMPLOYER NOT LIABLE FOR WILFUL BREACHES.
It was held by Sheriff Malcolm., at Dundee Sheriff Court, last week, that a contractor was not liable for offences committed when his lorry driver acted against instructions. The case was one in which Magnets Berry Carrie, 135, . Byron Street, Dundee, pleaded guilty to having driven his father's heavy lorry while he was under twenty-one years of age. and that he
drove while uninsured. The father, who was charged with permitting or causing the offence,. pleaded not
Mr. D. J. Henry, procurator fiscal, and Mr. J, S. Strachan, for the accused, agreed that the facts of the case were that the son was employ, I by his father and acted against instructions in taking Out a heavy, instead of a light lorry. Finding the father not guilty, the Sheriff held that he did not cause or permit the offences, and that the son did not act within the scope of his employment.
Fines of £1 for driving under age, £2 for driving while uninsured, and Ns. for failing to carry a record, were imposed on the son.
How the Law Affects Design.
" The Influence of Law on Design " is the title of a paper which• Major E. Guy Beaumont will read at a meeting of the Institution of Automobile Engineers, to be held at' the Royal Society of Arts, John Street, London, W.C.2, on November 2, at 7.45 p.m, The author is well qualified to deal with the subject he has chosen, for he has been identilied.with the automobile industry from the early days, as assistant to his father, the late Mr. Worby Beaumont, and later as head of the transport department of the AngloAmerican Oil Co., Ltd.