No Standard Penalty for Weight Increases : Metcalfe Decision
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IN their written judgment on the Metcalfe case, which concerned the I revocation of special A licences by the Northern Licensing Authority because the weights of two vehicles had been increased without his permission. the Transport Tribunal reiterate that an applicant who is shown to have committed illegalities should, generally speaking, be in some way and to some extent penalized for his wrong-doing." They pointed out, however, that there can be no standard penalty. Every case depends on its merits. It might be that in special circumstances the inconvenience which customers would suffer by the suspension of a licence would be so great that the rules of punishment should be waived, but that was not so in the Metcalfe case.
Mr. Thomas Alan Metcalfe, Longfield Road. Darlington, appealed against the tevocation of two special A licences. In both cases vehicles had been converted from four-wheelers to six-wheelers and their unladen weight had been increased without notifying the Licensing Authority, although additional tax had been paid on them.
The' Tribunal held that Mr. Metcalfe did not fulfil the intentions implied when he originally applied for the licences for the four-wheelers. They think his transgression was not deliberate and resulted from advice given by Mr. F. Milton. Northern Area secretary of the Road Haulage Association.
Mr. Milton, who was called as a witness, said he could not remember having had an interview with Mr. Metcalfe on the subject, but had for many years believed that it was unnecessary for hauliers who made structural alterations to a vehicle after it had been licensed, and increased its weight, to tell the Licensing Authority. He had, however, now ceased to give such advice.
It was urged. on behalf of Mr. Metcalfe, that the Tribunal should distinguish between the two vehicles because one had been operated for 14 months at the unladen weight originally specified. whereas the second had been converted .into a six-wheeler immediately the licence had been granted.
What this amounted to was that provided an applicant fulfilled his staled intention for a time it did not matter if he departed from it for the rest of the currency of his licence," the Tribunal
observed. We thought nothing of this argument . . . in our view the same considerations' apply to both vehicles."
Cancelling the revocations and suspending' one licence until the end of August and the other until the end of September—both from July 23—the Tribunal said "by suffering the penalty we have imposed. the appellant should be regarded as having completely and for all purposes purged his contempt.'"
WEIGHT INCREASE SUSPENSION
A HAULIER who increased the Pl• unladen weight of two of his lorries by converting them into tippers had a special A licence for one vehicle suspended for four months at 1-lexham last week. The haulier, Mr. T. L. Herdman. also admitted using a vehicle without a carrier's licence. The Northern Licensing Authority. Mr. J. A. T. Hanlon. stated that Herdman might lose all his licences if he broke the regulations again,