Authority "Wholly Wrong"
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THE Transport Tribunal have allowed the appeal of May's Motors (Transport), Ltd.,Elstead, near Godalming, who, as reported in The Commercial Motor last week, were refused an A licence for a vehicle not exceeding 3 tons by the South Eastern Licensing Authority.
Mr. N. L. C. Macaskie, QC., acting president, said that the Authority had refused the application not because ir prima facie case had not been made out, but because he felt it impossible to make a grant until and unless evidence could he produced to show that customers who were alleged to have been inconvenienced had tried to use the facilities of British Road Services and had found them unsuitable
By putting the onus on the applicants not only to make out a prima facie case but also' to prove that customers had not found .B.R.S. suitable, the Authority had taken a " wholly wrong ground," said Mr. Macaskie.
A further basis on which the Authority had refused the application was that it appeared that none of the customers who were witnesses had tried to use B.R.S., and B.R.S. had stated that they had available vehicles for these customers.
"Th.,: view we take is that the British Transport Commission bad entirely failed to discharge the onus impoSed upon them to make out their objection." added Mr. Macaskie.
OBITUARY
WE regret to record the deaths of MR. GAR' IFIENNEFER and MR. J. V TAYLER, M.B.E.
Mr. Hennefer was the service Manager of Wilmot Breeden, Ltd. Aged 47, he died after a car accident. He had been with the concern for over 21 years.
Mr. Tayler, who was 81, was engaged in the motor industry for 60 years. having been with J. E. Hutton. Ltd., Berliet Motors and the Latil company. After his retirement in 1939, he acted as a consultant engineer and assessor.