Welcome Decision
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ONE thing which stands out from the decision of the. Court of Appeal in its findings on the Merchandise Transport case is that . hauliers are not going to have their world turned upside down. The difference between an A licence and a C licence still means what it always did. And if the truth be known, a lot of C-licensees are just as glad to see the Transport Tribunal's decision reversed. In this matter, all hauliers must owe a large debt of gratitude to the Road Haulage Association and the British Transport Commission for the determined stand they took.
But there is a second, more far-reaching, aspect of this decision and that in the Arnold case (given at the same time). The High Court has reinforced the licensing structure with its comments about the discretionary functions of Licensing Authorities, and it has said of the Tribunal that regard for the requirements of the law must be tempered by taking into consideration the circumstances of individual cases. The Tribunal's function is an invaluable one, but it is as well that it should bear in mind one of the.main bases of British law, that of equity. It is equally right that the L.A.s' discretionary powers should be as full as possible, because they know most intimately the requirements in their own areas.
The full extent of the Arnold decision is more difficult to judge at the moment. It will undoubtedly considerably swell the present trend to seek ordinary A licences in place of contract grants, but does not of itself create a completely new situation such as would have obtained if Merchandise had been upheld. The spotlight, it would seem, now swings back to the thorny problem of conversions of contract A licences.