Railways Dislike Contract Licences
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ALTHOUGH the railways take every opportunity of forcing applicants for A or B licences to accept contract A licences, they dislike them, according to Mr. P. Kershaw, counsel for the railways, appearing at a sitting of the North-western Deputy .Licensing Authority, at Chester. The railways, he said,took the view that contract A licences should not be given out freely and should be strictly controlled.
Mr. H. Ashley, of Hindheath Road, Wheelock, Sandbach, was applying for a B licence in place of a contract A licence for a 21-ton vehicle, to carry general goods within five miles of his base for a certain firm and their customers. It was stated that he was frequently asked to carry goods outside the terms of his existing licence.
Mr. Kershaw contended that Mr. Ashley. was in the same position as a newcomer. Mr. H. Backhouse, for the applicant, pointed out that the Authority was entitled to use his discretionary powers on an application for a contract A licence. Already the Authority had, up to a point, used his discretion in the applicant's favour, and this fact relieved him, in some measure, of the onus of proof under the Blast= ruling.
Mr. Backhouse contended that it was never the intention of Parliament that operators should be bound by strict technicalities of the Road and Rail Traffic Act. What Mr. Kershaw had admitted were mere technicalities should not be allowed to stand between the carrier and the public, otherwise a stage would be reached when it would be well-nigh impossible properly to operate the Act. It was submitted that the change of licence had been justified.
The application was refused.