Police persecution alleged
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• Baulds Transport Ltd. of Gretna Junction, Cinnberland, applied unsuccessfully to the Northern LA, Mr. J. A. T. Hanlon, in Carlisle on Monday for a new A and a new B licence, but notice had been served that the applications would be heard under Section 174 of the Act.
Evidence was given by Mr. P. C. Cooper, acting Ministry senior traffic examiner, that he had served notice of the inquiry personally on December 19 1968 at the registered office of the limited company and saw Mrs. Grace McCulloch Bauld, who he understood was the secretary, and Robert McAlpine William Bauld, the manager.
"It was the worst interview I have ever conducted in my 25 years as a policeman and traffic examiner," he told the LA. "Both started to shout and use disgusting language. I was ordered from the premises and the documents I had previously handed to Mrs. Bauld were flung across the room and she said she wanted nothing to do with it and that she would throw them into the fire."
He agreed with Mr. G. N. Robson, for the applicant, that such notices were normally sent by post. "I suggest that you were putting. salt into an open wound," said Mr. Robson. The LA commented that it took a long time to establish proof of recorded delivery. "I have not the slightest doubt, having seen and heard Mr. Bauld today, that if these papers had not been served personally, he would have said he had not received them."
Mr. Cooper read out a list of convictions received at magistrates' and Sheriff courts between 1955 and 1968; 26 against Baulds Transport, the partnership formed in August 1966; three. against Baulds Transport Ltd. incorporated June 1967; five against John Richard Fleming Bauld, a son of Mr. and Mrs. Bauld and a director of the limited company; six against Mrs. Bauld and six against the partnership of R. and G. Bauld.
Mr. Robson contended that the preponderance of the offences against Baulds Transport were in fact in connection with Baulds Timbers Ltd. who held a C licence in the Scottish area.
Mr. R. M. W. Bauld said the shareholders in Baulds Transport Ltd. were now his four sons and he was the manager. His wife was no longer secretary. A one-vehicle A and a one-vehicle B-short-term licence had been operated in the Northern area since December 1967. A second B vehicle had been deleted on February 211968. This was because his secretary had not cancelled a C licence held in the Scottish area, and consequently two licences had been held for one vehicle.
There was a demand for the three vehicles. He said; "At the present time the vehicles are running seven days a week to keep customers happy."
He had four drivers for the three vehicles, on hire and reward work. The third vehicle was on a Scottish B licence since its operating centre was Gretna Green, just 300 yards from the Gretna Junction premises in England. Baulds Timbers Ltd. held a C licence issued by the Scottish LA, the vehicle being based at nearby Chapel Knowle.
In September 1967 there had been a fire at Baulds Motors Ltd., a company with common directors to the transport concern, and apart from losing the premises and equipment, two new chassis /cabs had been lost which would not be operating. He was applying for planning permission to erect a new garage for commercial trading and maintaining his vehicles, said Mr. Bauld.
All the vehicles were checked every weekend and a job card made out of what had been done by the two mechanics and one apprentice now employed, he said, but no record of inspections and mileages were kept.
In connection with 10 convictions for failing to keep proper records brought at Longtown last December, Mr. Bauld contended that even though the driver had pleaded guilty, the vehicle concerned had been in the garage for repair and he produced the relevant job card and record.
On November 21 1967 at Penrith, Baulds Transport had been fined £50 each on charges of having defective brakes and steering. Mr. Bauld maintained that the vehicle had left at 9 a.m. with relined brakes and at 11 a.m. he had heard from the Carlisle police that they were defective. He considered that the driver had sabotaged the vehicle and he had asked the Penrith police to make further inquiries. He had wished to appeal but it appeared that his solicitor had not entered the appeal.
He maintained persecution by the Dumfries police but said it had now stopped following discussions with the deputy chief constable.
He had himself been an undischarged bankrupt since 1952, Mr. Bauld told the LA.
Mr. Robson submitted that customer letters put in at the adjourned inquiry last July proved need , for the licences, and in connection with the prosecutions, the sins of the drivers should not be visited on the company.
Giving his decision in Darlington on Tuesday, Mr. Hanlon said Mr. R. M. W. Bauld had resorted to the time-honoured device of putting the business in his wife's name and that was the reason there were no convictions against him. "He continued this fiction by saying he received no salary ... He is prepared to blame anybody for the shortcomings of his own management and blames one driver after another."
He said the nebulous maintenance system was completely unsatisfactory and he felt it would not be in the public interest to grant the application. He agreed to stay the refusal for seven days to allow Baulds to make arrangements for its customers or to appeal.