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Ruling on trade plates

6th February 1970
Page 36
Page 36, 6th February 1970 — Ruling on trade plates
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Which of the following most accurately describes the problem?

• An appeal by motor dealer and repairer, Mr. Alan John Balch. against his conviction of using his lorry for a purpose not covered by the vehicle's trade plates was dismissed, "with reluctance," by three High Court judges on Thursday of last week.

Mr Balch. of Hazel Cottage, Chase Rd., Bordon, was convicted by Farnham, Surrey, magistrates whose decision was later upheld by Surrey Quarter Sessions on January 31 last year. The magistrates had granted Mr. Balch an absolute discharge.

Lord Parker (the Lord Chief Justice), sitting with Mr. Justice Ashworth and Mr. Justice Talbot in the Queen's Bench Divisional Court, said Mr. Balch used the lorry under a general trade licence issued for use in connection with the business of a manufacturer, dealer or repairer of vehicles.

A large part of his work consisted of buying up damaged vehicles and repairing them for resale. Any materials he could not make use of were crushed and sold as scrap.

The question was: When the lorry was being used to carry the scrap away for sale, was its use in connection with the business of a "manufacturer, dealer or repairer"?

The sale of scrap accounted for about 25 per cent of Mr. Balch's profits, said Lord Parker. In view of the strict interpretation placed on the licensing laws in previous cases, the Court could only hold that the sale of scrap was really a separate business and not covered by Mr. Balch's general trade licence. Had he been carrying scrap to a public tip to dispose of it, the legal situation might well have been different.

"This shows how tine a dividing line there is," Lord Parker added. -Reluctantly, I would dismiss the appeal." Mr. Justice Ashworth and Mr Justice Talbot agreed, also "with some reluctance".

The appeal had been opposed by the Surrey county council, but no order for costs was made against Mr. Balch.

Managerial course

• Twenty managers involved in road haulage operation are taking part in the first of a new series of transport management training courses, which opened on Wednesday at Roadway House, Sedgeley Road West, Tipton, Staffs, the area office of the RHA. It is spread over four consecutive Wednesdays.

Content of the course has been designed jointly by the staff of the Midland Region of the RTITB and the West Midland area of the RHA in consultation with Mr. M. Ross, a member of the RTITB and principal of the Bromsgrove College of Further Education.


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