Legality of C-hire in Doubt
Page 51
If you've noticed an error in this article please click here to report it so we can fix it.
ALTHOUGH he said that he was not convinced that C-hiring operations had been entirely legal, Mr. L, H. Shelton, acting North Western Deputy Licensing Authority, made a 8-licence grant at Caernarvon, last week.
Mr. H. Hughes, Colwyn Bay, and Mr. G. James, Llandudno Junction, sought to transfer vehicles formerly under contract-A licences to the Llangwftenin Limestone Co., Ltd., to B licences.
For the applicants, Mr. Pritchard Jones said that the sole condition desired by both operators was the carriage of agricultural ground limestone for the quarry company over 60 miles. The work had been done for several years under contract-A and recently C-hire, but this had not proved satisfactory to the customers. Business was completely dependent upon the weather, and transport had to be available without notice.
A guarantee of £100 a month had been given to the hauliers under the contracts, said Mr. J. Foulkes, quarry manager. Weather difficulties no longer permitted these arrangements, and by mutual agreement the contracts terminated in March. Since then the vehicles had operated under the company's C-hiring margin, pending the B applications. Aand B-licensed haulage was available, but not at short notice.
In answer to questions, Mr. Hughes said that he continued to drive his vehicle, which had been re-registered in his wife's name. He was paid weekly by the quarry company as a driver, and monthly accounts, which were submitted in his own name, were paid by cheque. Mrs. Hughes had received no money.
Mr. Foulkes said that the quarry COM pany had no .written agreement with Mrs. Hughes, and although cheques had been made out to H. Hughes. the company thought that they were being paid into Mrs. Hughes' account. The arrangement was made pending the hearing.
Mr. Edward Jones, for Jones Transport and Messrs. J. R. Bithell, who objected, suggested that the company were seeking to ensure that their hauliers took the brunt of flat periods. The proper licence was a contract-A with .a guaranteed minimum, he added.
Mr. Foulkes agreed that the company did not want to subsidize their hauliers, but pointed out that they had treated them well in the past.
The objectors were concerned about the unfairness" of the lime . company in saying that a dependent haulier would not be guaranteed reasonable remuneration for work at tonnage rates, said Mr. Jones.
Granting Mr. Hughes' application, Mr. Shelton said that the registration of Mrs. Hughes as the vehicle owner meant little if she were not, in fact, the legal owner. He was satisfied as to need, but the issue of the licence would depend upon the surrender of the customers' C-hiring allowance, Between the surrender and the grant there would be a gap of three weeks during which time -the vehicles must not be used. Mr. James' application, for two additional vehicles on B licence, was granted in similar terms.