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Last " Extra-weight 9 Cases Heard

4th December 1959
Page 48
Page 48, 4th December 1959 — Last " Extra-weight 9 Cases Heard
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Which of the following most accurately describes the problem?

by Mr. Hanlon: Suspensions Imposed

THE last of the current "extra-weight" cases in the Northern Area was heard by Mr. J. A. T. Hanlon, Northern Licensing Authority, at Gateshead last week. Three hauliers, who had been given notice of the Authority's intention to consider revocation, had their licences suspended. They were Messrs. Smith and Dixon, Sunderland, Messrs. N. Elliott, Haltwhistle, Northumberland, and the trustees of C. T. Codling, Birtley, County Durham, All admitted operating vehicles at weights heavier than those specified.

Mr. T. H. Campbell Wardlaw appeared for the three hauliers, Messrs. Smith and Dixon, he said, had operated two vehicles at 3 tons 19 cwt.and 3 tons 18 cwt, which were declared at 2 tons 17 cwt. and 2 tons 16 cwt. respectively. Their case had been adjourned so that K. and B. Motors (Newcastle), Ltd., who had stipplied the vehicles and special-A licences. could be represented.

This was apparently another instance, observed Mr. Hanlon, where vehicles had been registered in the name of Mr. McLaughlin (a salesman at one time employed by K. and B. Motors), even though Messrs. Smith and Dixon were the first purchasei-s of the vehicles from the main dealers.. If evidence by Mr. Dixon that no alterations had been made to the vehicles since he had possessed them were true, the weights of the vehicles when first registered must have been false, added the Authority.

Only guesses could be made about certain facts, Said Mr. Campbell Wardlaw, It could be that the vehicles had been stripped down and then weighed. One could not go so far as to say that the vehicles had not been on the weighbridge, as was clear from the evidence in the Scott and Hewitt cases.

Responsible for Registering .

Mr. Edward Waters, managing director of K. and B. Motors, said that it was true that Mr. McLaughlin had been responsible for registering the vehicles, having them weighed and "preparing the papers." The vehicles had been fitted with heavier tyres.

Referring to one vehicle, which was said to have been weighed on October 4. 1957, and Mr. Dixon's evidence that it had been in his possession from September 14, Mr. Hanlon said: "That vehicle could not have been weighed at Newcastle."

Mr. Waters bould not comment on this, and said that he was surprised to hear it. He added that he had ascertained from his company's records that both vehicles had been stripped down for weighing, and then restored to original condition.

Only one vehicle was involved with Messrs. Elliott, said Mr. Campbell Wardlaw. It and the licence had been obtained from K. and B. Motors. The weight was found to be 3 tons 14 cwt. The declared weight was 2 tons 19 cwt.. but no material alterations had been made to the vehicle after it had come into Messrs. Elliott's possession. The vehicle had been weighed twice, and Mr. Waters said that whilst he knew of the first r4 occasion, the second weighing was " beyond " him.

The Codling case came to light when the trustees had applied to have three vehicles specified on an A licence, said Mr. Campbell Wardlaw. The weight of one vehicle was a ton more than that declared. This vehicle had also, been purchased from K. and B. Motors. The case was different from the others because Codling already had a special-A licence when the vehicle was purchased.

Mr. Waters confirmed previous evidence given by Mr. Stanley Codling. When Codling's had approached Mr. Waters about a heavier vehicle and a licence, he had told them that he could supply a vehicle to match the licence they already held. He agreed that he had told them that they would not be committing an offence if they operated a heavier vehicle.

"I firmly believed, at that time, that there was no law being broken by what I did for Codling's," added Mr. Waters.

Mr. Campbell Wardlaw submitted that although the three hauliers' declarations were not true, they were made in good faith. It was apparent that the facts were unknown to the hauliers, although Codling's were aware of the "manceuvre " that had been employed to obtain their vehicle and have it placed upon their

licence. The defendants were honest people who had no intention of defrauding or cheating.

Giving decision, Mr. Hanlon said that all the parties had been negligent in signing blank application forms and delegating authority to others. Codling knew that they were not going to operate a vehicle at the declared weight. They must have known they were doing wrong.

It was his duty to inflict a greater penalty on them than on the others, and their licence would be suspended for two months. The licences of the two other hauliers would be suspended for one month.

£52,000 BUS STATION

OUGHBOROUGH'S central bus .1-4 station, first proposed more than 10 years ago, will cost £52,000. The borough surveyor told the highways.committee last week that the long-overdue bus station and car park would cost £42,000, and that £10,000 would be spent at a later date. Provision for them had been made in the current year's programme of capital expenditure.

The committee examined a revised layout which provided for 15 bus platforms and parking places for some 200 cars.


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