'He knows he's not the owner' but magistrate dismisses House case
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111 Summonses against tipper operator, Leslie House, who is a Road Haulage Association officer and Mayor of Hackney, were dismissed at North London magistrate's court last week. Mr. House had denied knowingly making false statements on application forms for carrier's licences—two for limited 13 and one to vary a B licence. The magistrate, Miss Jean GrahamHall, said she was satisfied Mr. House knew he was not the owner, but she was not sure whether a criminal offence had been committed.
The prosecution submitted that when the forms were completed the vehicles concerned were not owned or possessed by House and that he knew it.
The registered owner of one of the tippers, Henry Peter Hartman, said he had a partnership arrangement with Mr. House. "I did not make an application for a carrier's licence myself."
Mr. Hartman agreed that he had worked as a driver for Mr. House for some time: Mr. House helped people to set up on their own account. Mr. Hartman said he made out the records and that Mr. House kept them, looking after the business side and taking expenses. Mr. House had said he would discuss ownership with the appropriate officials.
MoT transport examiner, Leonard Marsh, said when he called on Mr. House and asked him: "Were these vehicles yours at the time the applications were made?" House had replied: "The fact that I have an arrangement with these owner-operators does not make them the owners—one can be a part-owner or a joint-owner. I have discussed this with the LA and they have agreed."
Mr. Marsh continued: "I asked him 'Did you fill in the particulars and sign them as being accurate?' I then drew his attention to the warning on the back of the form and asked if he had read it. He said, 'Yes, I am quite conversant with all of that, but it is not relevant'."
Mr. Marsh said Mr. House had observed: "That's what I get for helping two lame dogs over a stile."
A signed statement by John Barry, owner of two of the three vehicles, and also a former House driver, was then read.
Mr. House told the court.he had given up his licences at the beginning of the year. He had a "loose" working arrangement with Mr.
Hartman. Payment was not usually made direct to Hartman, log sheets were made out in the name of House and Hartman was named as driver on the log. He (House) was responsible for maintenance. Hartman drove and took care of the hire purchase payments.
Mr. House said he had basically the same arrangement with Mr. Barry.
The defendant said he discussed his queries relating to ownership with Miss Wyath, head of the A and B section of the Metropolitan Licensing Authority, and as a result signed the form because he considered himself to be part-owner.
"I always refer in the Road Traffic Act to the user of a vehicle and not the owner," said Mr. House. He considered a further relevant fact was that the vehicles were controlled and put to work by him, "I understood that on the form, owner meant owner of the licence and not owner of the vehicle," The appropriate log books were sent in with the applications.
The magistrate expressed some surprise that the LA had accepted the position regarding ownership being shown in one name on the application form and in another on the log book.