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... but Allows Appeal Against Haulier Who Quoted Uneconomic Rates
Page 47
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-THE question of whether rates are
I uneconomic only becomes material if other licensed hauliers are placed at an undue or unfair disadvantage," the Transport Tribunal stated in a written judgment last week when they allowed an appeal by British Railways, British Road Services and five independent hauliers against a grant of three B-licensed vehicles by the Western L.A. to Mrs. E. M. Parker at Little-on-Severn. , Commenting on the evidence, the Tribunal recalled that the applicant's husband had stated that he would run the business in such a way as to guarantee that a part-load would be delivered the following morning, "even if he had to drive it himself and would be losing money by so doing ". The application was fundamentally based on part loads, and the applicant expected to make the business pay on that basis.
The Tribunal was satisfied that a prima facie case had been made out, in
that there were fivecustomers ready and willing to avail themselves of the facilities. The fact that she was offering to work on uneconomic terms was nothing to the point--" it is no part of our function to protect people from making improvident bargains ", they added.
However, considering the evidence of the appellants (the objectors), the Tribunal was satisfied that they were willing and able to provide efficient, reliable and adequate facilities. The impression the Tribunal formed was that the respondent was endeavouring to get a foothold in the industry by quoting uneconomic rates. Whether success in that endeavour would have led to the charging of higher rates as soon as the business was established, or to bankruptcy, was a matter of irrelevant speculation, said the Tribunal. The appellants had made out their statutory objection and the appeal would be allowed.