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1947 Act Not So " Fortuitous If

5th June 1953, Page 32
5th June 1953
Page 32
Page 32, 5th June 1953 — 1947 Act Not So " Fortuitous If
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DESCR1BED as one of the few people to whom the 1947 Act had been a "fortuitous circumstance," Mr. A. W. Johnston, of Westlinton, near Carlisle, applied to the Northern Licensing Authority, last week, to add a third vehicle to his A licence.

He was under the impression that this additional lorry could be operated without regard to the 25-mile limit. He was one of only two hauliers in the district unaffected by this restriction, because he was served with a notice of acquisition which was deferred and had not been made effective when the new Transport Act was introduced

The Authority pointed out to the applicant that he might prejudice his position by enlarging his fleet, so Mr. Johnston changed his request for an extra vehicle into an application to substitute a heavier vehicle for one of those already licensed. This was granted.

Mr. T. H. Campbell-Wardlaw,lor the applicant, submitted that as he was still not restricted to 25 miles, that freedom would continue to apply if the fleet were increased.

The Authority: "1 don't think that freedom will apply to the third vehicle. My reading of the 1953 Act is that, so long as he does not exceed his present two vehicles, he is allowed to go where he likes."

He added later that Mr. Johnston was not in quite so favourable a position as he had been describing.

Mr. Campbell-Wardlaw: "If his original application had been granted today, he might have fallen down a very nasty pit."


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