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Haulier Signed Blank Transfer Forms for Special A Licence

30th May 1958, Page 51
30th May 1958
Page 51
Page 51, 30th May 1958 — Haulier Signed Blank Transfer Forms for Special A Licence
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Which of the following most accurately describes the problem?

A SERIES of business deals involving a special A licence came to light at " Newcastle, last week, when the holder admitted that he had signed blank application forms for transfers so that dealers could substitute different vehicles.

During the case Mr. J. A. T. Hanlon, Northern Licensing Authority warned one man that unless he volunteered evidence, the papers would be passed on to the police.. Afterwards, it was learned that enforcement officers were investigating the transactions, which took place earlier this year.

The case arose when Mr. R. W. North, Ponteland, asked permission to take over a special A licence vehicle from J. Coltin and Co., Sunderland. Mr. Collin 'declared that he had never heard of Mr. North until he was visited by an enforcement officer.

• He explained that his company operated two vehicles, one on special A and one on B licence. From 1955 until this year they had run another special-A . vehicle, but this had been involved in an accident and, . because the insurers repudiated liability, the company had to find a substantial sum of money.

Vehicle Sold Privately

Mr. Collins brother sold this vehicle privately, and it was arranged that Mr. A. Oliver, of the Theatre Garage, Ltd., Sunderland, should dispose of the licence. To facilitate this, Mr. Collin signed blank application forms so that Mr. Oliver could substitute another vehicle for the one which had been sold.

• Mr. E. Waters, a director of K. and B. Motors (Newcastle), Ltd., told Mr. Hanlon that when his company heard Mr: Oliver had a special A licence for

• sale, they bought a vehicle and obtained the blank application forms from hirn. Then they sent the forms to the Licensing

„ Authority to obtain a transfer and stated in a covering letter that they had a .financial interest.

Police Action Threatened

When Mr. Oliver was asked to give evidence about his part in the transactions, he at first declined to make any statement unless his solicitor was present. However, after being told by Mr. Hanlon that unless he volunteered information the police Would be contacted, he agreed that he had obtained Mr. Collin's signature on blank application forms and had filled in the details himself. He added that Mr. Collin had not yet been paid because the transaction was not complete.

For Mr. North, Mr. T. H. Campbell Wardlaw said he agreed to pay 12,250 for the vehicle which K. and B. Motors had acquired, and paid a deposit of 1675. He was told he could legally operate it and ran the vehicle for three weeks before deciding it was unsuitable for the work he was doing.

He returned it to K. and B. Motors in exchange for another lorry, for which he paid a deposit of 1125, but when he applied to the Licensing Authority for a substitution he discovered that the original vehicle had not yet been assigned. He now wanted to take over the original vehicle.

Replying to Mr. Campbell Wardlaw, Mr. Waters said K. and B. were prepared to let Mr. North have that vehicle back

if the application were granted. If it were refused, Mr. North's money would be refunded, less depreciation for three weeks' use of the vehicle. Customers had always been told verbally that they must not use vehicles until transfers were, completed, but now this warning was being put in writing.

Mr. Campbell Wardlaw submitted that Mr. North's irregularities had been committed in ignorance, and the proceedings had served to illustrate the care needed when making an application. The licence was still in existence and someone was entitled to operate under it. The Licensing Authority should eiercise his discretion in Mr. North's favour.

Granting the application, Mr. Hanlon said it should be realized that by using the vehicle unlawfully the insurance was void, which was a' serious matter.

TRADE QUIET: NO SIGN OF IMPROVEMENT

" THE commercial-vehicle trade has been, and still is, quiet, with the result that our sales of gears and components for commercial vehicles have been on a considerably reduced scale," Mr. C. G. Twallin, chairman of the E.N.V. Engineering Co., Ltd., told shareholders last week.

" The same factor and the restriction of imports to Australia and New Zealand have also affected the sales of Eaton twospeed axles, but we are confident in the long-term position and in the future of the commercial-vehicle industry," he added. "This recession in trade is reflected in our figures and at the moment we cannot see any definite signs of improvement,"

FAIR DEAL ON TRANSPORTERS

BEFORE taking action to prevent the operation of car transporters under general trade licences, instead of under A or B licences, Mr. Harold Watkinson, Minister of Transport, wishes to make sure that the solution adopted properly caters for the interest of the motor industry and of hauliers.

He said in the House of Commons last week that be was discussing the matter with the Chancellor of the Exchequer. When he found a solution of the problem he would annlv it.

£139 Fines in Hours and Records Cases

rINES totalling 1139 were imposed last week on Swankie and Smith, fish merchants and hauliers, High Street, Arbroath, when they admitted 109 -offences relating to drivers and records. There were 10 summonses for allowing men to drive longer than 11 hours; five for letting one man drive without having 10 consecutive hours' rest in 24; and 94 for failing to ensure that current records were properly kept.

Mr. John G. Ross, defending, said the sole partner in the concern, which was principally a fish business, was Mrs. Swankie, aged 76. Two clerks who usually looked after the haulage side had left the company, and Mrs. Swankie was too busy with the fish business to check all the records.

• She was particularly angry about the driver who did not have 10 hours' rest, because he had been paid subsistence money. It seemed that instead of unloading in Manchester and staying there overnight, he had returned to his own home after a short rest.

BALANCING CHARGE TEST CASES

THREE test cases on balancing charges I incurred by hauliers whose businesses were nationalized are likely to be heard in the autumn. They are being sponsored by the Road Haulage Association.

The appellants have to prove that the British Transport Commission paid more than the market value of the vehicles acquired, and that, consequently, the balancing charges should not be incurred on the whole of the difference between the book value and sale price.

FASTER ROAD BUILDING?

ROAD construction may be speeded up as a result of a report on delays in procedure made by the County Surveyors' Society and passed to the Minister of Transport through the County Councils Association.

Mr. Harold Watkinson, the Minister, said last week that a number of helpful suggestions had been made to hasten procedure. Changes had been made in arrangements at the Ministry and preliminaries had already been speeded up.

68,535 REPAIR WORKERS

THE number of people engaged in the vehicle and cycle repair trades in 1954 was 68,535, compared with 70,901 in 1951, and their total earnings were 131m., as against 126m. in the earlier year.

These figures are contained in the "Report on the Census of Production for 1954. Volume 3, Industry J," published last week by the Stationery Office at Is. 6d.

RAIL COMPETITION INCREASES

A N additional export express freight rail service to the Humber ports from Sheffield and Rotherham from June 6 was announced by British Railways on Monday. Similar services are already running from Sheffield to the London and Merseyside docks.


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