Al wins two appeals in Scotland
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THE SECRETARY of State for Transport has dismissed an appeal by the Western SMT against a decision of the Traffic Commissioners for the Scottish Traffic Area.
The appeal was considered by R. N. Denby, an Inspector at the Department of Transport, who reported his findings to the Secretary for consideration.
Western SMT and Ayrshire Bus Owners (Al Services) had both sought to alter the conditions of their Road Service Licence. The applications were so alike that the Inspector reported that the only distinguishing feature "was the cheapness with which the applicants could provide the service". It was for that reason alone that the decision was made in favour of Al by the Commissioners.
The Secretary of State says in his written decision that it did not appear to him that the Commissioners had neglected any evidence which was relevant to the application.
He agreed with the Inspector that if only one application had to be granted then it should be made to Al.
Al survived another appeal jointly with Western SMT and Dodds coaches. British Rail had appealed against the grant of road service licences.
British Rail and Strathclyde regional Council had objected to the grant on the grounds that the Commissioners had not taken regard to the area's total transport requirement. They also argued that the services would obstruct traffic from rail with a consequent loss of revenue.
In recommending that the appeal be dismissed the Secretary said that not to grant the applications would not be in the public interest.
The Secretary of State agreed with his Inspector. He refused a request by the respondants to have costs awarded against the appellants.