Northern Operators Should Have Disclosed Linking Arrangement
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BAM principles of linking express services are likely to be investigated when the North Western Traffic Commissioners resume the hearing of an application by six northern companies to renew their joint licence for an express service from Newcastle upon Tyne to Liverpool, via Leeds. As reported in The Commercial Motor on January 23, the question of linking was raised by Wallace Arnold Tours, Ltd., as objectors.
The Commissioners have now decided that the existence of linking arrangements should have been disclosed in the application. No date for the resumed hearing has yet been fixed.
Applicants were North Western Road ar Co., Ltd., Lancashire United ransport, Ltd., Northern General ransport Co., Ltd., United Automobile :rvices, Ltd., Yorkshire Woollen District ransport Co., Ltd., and West Yorkshire oad Car Co., Ltd.
Wallace Arnold raised the question of 'Wing as the result of an appeal decision 1955 in which the Minister of Trans)rt said:
" The Minister agrees with the inspector that total dhibition ot through running on such link services ■ uld be contrary to the public interest, but as the cumstances in which these linked services might provided are many and varied. the Minister coners that it is not possible to state in any simple
d comprehensive proposition when such services ght he regarded as against the public interest, r in his view would it be desirable to try to do Ile does, however, agree with the inspector that, ere an application is made for a road service mee in respect of a link service, it is most &rabic that this should be disclosed in the Dlicaiion in order to citable persons affected to :reise their rights to make representation under Mon 72 of the Road Traffic Act, 19.30, and the coning Authority to carry out their duties under t section of considering evidence for and against need for the facilities to be provided under the !nee applied for."
Wallace Arnold complained that rough passengers were being carried at mmated fares from Leeds to Llandno and elsewhere, and the facility was ing advertised. The journey from eds to Manchester was made in a hick run under the joint licence held the six applicants, and from Manester to Llandudno, etc., in the same hick under an express licence held by )rth Western Road Car for that part the route. Passengers had been carried from Yorkshire to North Wales in this way for some years.
The Commissioners have come to the conclusion that there is apparently no legal requirement for applicants to disclose for publication their intentions to advertise and convey through passengers by linked services in the manner adopted by the six companies. They think, however, that the present case, although the arrangement is not new, comes within the scope of the Minister's reference as one which should be disclosed to enable persons affected to make representations.
They have given the parties concerned an opportunity to consider their position in the matter. So far they have expressed no opinion on four ether important aspects of the case, although it seems likely that they will do so later. These are whether: (I) The many other forms of linking could be regarded as coming within the scope of the Minister's reference.
(2) An applicant ought to disclose his intentions only once or on every renewal application.
(3) Any condition authorizing linking ought to be included in a licence if the Commissioners agree to it, and whether any prohibiting condition should be attached if the Commissioners do not approve.
(4) Disclosure of intention would constitute a modification in a renewal application under the Public Service Vehicles (Licences and Certificates) Regulations, and, if not, whether it would be necessary for the Commissioners to comply with the variation procedure if they wished, on making a grant, to add any condition relating to linking.