Allison Appeal Fails: C-hiring System Not Challenged
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THE Transport Tribunal,. in a decision issued on Wednesday, have rejected an appeal by Allison's Transport (Contractors), Ltd., 119 Clepington Road, Dundee, against the refusal of the Scottish Deputy Licensing Authority to grant them an A licence for 40 vehicles.
The company had hired vehicles to holders of C licences and drivers were provided by an agency run by the wives of the directors of Allison's Transport. Although the Authority was rightly suspicious " of such transactions, the Tribunal were hound to assume that the company were guiltless of any illegality.
The. Authority had not held. that the drivers of thc C-hiring vehicles were employed by Allison's and that the law was therefore broken. Neither did the respondents, the British Transport Commission, James Paterson and Co. otor Hirers), Ltd., and Messrs. James G. Barrack, contend that the evidence was sufficient to justify such a tin&
flit.
It may he, state the Tribunal, that the complementary rights of a C-licence holder to hire and of a vehicle owner to let a vehicle on hire have had " unfortunate consequences," but an Authority should not hold it against an applicant that he had taken advantage
of them. It was for Parliament to decide to interfere with the rights.
" Quite Insupportable" One of the reasons for the Authority's was that customers of the appellants could revert to C hiring if they felt it was cheaper, despite Allison's having obtained an A licence. The Tribunal say that it is quite insupportable to make this a reason for refusal as legal rights would be excreked if C-hiring vehicles were provided.
-Fite rule established in the Bulwark Transport and Griffin appeals was that the mere possibility of a "dual grant" was not sufficient reason for rejecting an application. the Tribunal point out.
Allison's might wish to make another application, in which event, consider the Tribunal, the Authority may wish to investigate more closely the arrangements by..which drivers were provided. The . Authority was entitled to ..insist upon being .supplied with the fullest details of the transactions...
The reasons given by-the Authority for refusing the application coitld not be supported; but the Tribunal .felt that the company's •C:ise failed on the idence pin forward. 'Twelve of. 22 customer-witnesses .gave no evidence as to the extent of thetraffic they would give the appellants. The remaining 10 wished to discontinue C-hiring and employ the-company as hauliers. Figures produced before the Authority, however, Were insufficient to justify the the grant of any licence, the Tribunal hold.
The appellants had claimed that their special-A licensed vehicles should be supplemented by vehicles to provide for proper overhaul and repair: There were at least two considerations, say the Tribunal, which showed that such a claint could not be sustained.
The first was that what were disposed of under he 1953 Act were described in it as " transport Units." The second was that the rights of a purchaser of a unit were defined in the first schedule of the Act and did not include any such right as was asserted.
Reports of the hearing before the Authority appeared in the issues dated March 26, April 1 and Aril 8.
MANCHESTER TO PAY HIGHER WAGES?
'E chairman of Manchester Transport Committee. Cllr. C. Blackwell, who believes that a " large increase in wages" is the only answer to the staff shortage problem, is to seek permission for the transport department to pay higher wages than those nationally agreed. He will ask at the next meeting of the committee for their authorization to make this proposal at the annual conference of the Municipal Passenger Transport Association later
this month. • Manchester needs another 300 drivers and conductors to meet immediate requ i rem eats.
LONDON DOCKS DELAYS: ANOTHER MEETING
THE London Chamber of Commerce have called a meeting for September 28 to discuss with users the delays at the London docks. Ten organizations, including the Road Haulage Association and the British Transport Commission, have been invited to send representatives. As reported in The Commercial Motor on August 19,' the R.H.A. have called a meeting on the same subject for September 22.