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• £340 Fines in Hiring Margin Case: Agents Involved

2nd January 1953, Page 32
2nd January 1953
Page 32
Page 32, 2nd January 1953 — • £340 Fines in Hiring Margin Case: Agents Involved
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Which of the following most accurately describes the problem?

FiN"totalling £340, with £7 19s. 6d. expenses and £21 advocates' fees, were imposed by Ellesmere Port magistrates upon James Joseph Cameron, haulage contractor, _Great Croshall Street, Liverpool, who was accused on 17 summonses of using a vehicle without a carrier's licence.

The case for the prosecution had been submitted in November, when it was stated that Universal 'Freight, forwarding and clearing agents, Liverpool, met the defendant, who explained the advantages of the C licence, The firm secured C licences and learned that Cabot Carbon, Ltd., Ellesmere Port, desired transport facilities.

Dealings Refused When the Cehiring position was explained to Cabot Carbon, Ltd., this concern refused dealings, but it was later• assured that goods could be carried wherever it desired. Mr. I. Edward Jones, prosecuting for the • North Western Licensing Authority, said that Cabot Carbon, Ltd., acted throughout with absolute propriety. '

During May, 1952, consignments were taken south for Cabot Carbon, Ltd., and were charged by Universal Freight, who passed on the payments, less 10 per cent., to Cameron. The managing director of Universal Freight, Mr. Arthur James P. Edwards, stated that all the work of carrying goods for Cabot Carbon, Ltd., was Cameron's own responsibility.

At the recent hearing, Edwards stated that he had been served with a summons alleging that he was the user of a vehicle on May 26 and he appreciated that some point might turn on the control or employment of the driver during the particular journey concerned In the summons. There was a dispute between himself and the defendant about who employed or controlled the driver.

Not Employing Drivers When Edwards arranged with Cameron to carry goods for Cabot Carbon, Ltd., to the south, Edwards formed the view that he was hiring the vehicles but not employing the drivers. Cameron stated that he was approached by one of the partners of Universal Freight in March and later met Edwards, who asked him how many vehicles he had and whether they were fully employed. Edwards said that he had some contracts for them. Nothing was said at that time about licensing, but Edwards applied for, and obtained, three C hiring licences.

Cameron told Edwards that Edwards would have to employ the drivers. When the lorries were working for Universal Freight, this firm employed and controlled the drivers. Cameron said that his vehicles were sent to collect the goods on Edwards's instructions.

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Mr. D. McNeill, for the defendant, submitted that only on the evidence of Edwards could the _bench decide by whom the drivers were employed. It was perfectly legitimate to hire a driver as well as vehicles.

Consideration is being given to an appeal.

SERVICES FROM PLYMOUTH GRANTED: NAVAL REQUEST

AN application by Blake's (Continental) Tours, Ltd., Plymouth, to tun coach services from Plymouth to Penzance and Swansea, for naval personnel, has been granted by the Western Licensing Authority. Mr. A. C. Fabyan Windeatt stated that the application had been made at the request of the

Plymouth naval authorities.

He claimed that coach travel was more comfortable than third-class rail services for Service personnel. The stopping points to Swansea would be Bristol, Gloucester, Lydney, Chepstow, Newport and Cardiff, and those to Penzance would be Wadebridge, Redruth, Camborne and Bodmin.

Mr. J. Granville Dixon, for the Railway Executive, said that Penzance was admirably served by the railways and in no case was -the difference between the road and rail fare more than the cost of a packet of cigarettes. Keyham railway station ran alongside the naval barracks and the train service enabled the men to return in time for

a night's sleep.

R.A.F. SERVICES LICENSED fillIERMISSION has been granted by the West Midland Licensing Authority to Messrs. .J. T. Whittle and Son, Highley,. near Kidderminster, to carry R.A.F. men from the camp at Stanrinore, Bridgnorth, to Leeds, Norwich and Nottingham.


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