64 Weight Certificate Obtained by Fraud" B LAME for false statements
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concerning the unladen weight of a special-A-licence vehicle owned by Mr. John Scott is placed by the Transport Tribunal on K. and B. Motors, Ltd., Newcastle. In a reserved decision on an appeal by Mr. Scott against the revocation of the licence by the Northern Licensing Authority, they say: "Our view is that the expense and anxiety he has suffered by reason of the prolonged investigation of this case have more than amply 'purged' his offence. It follows that no regard should be had to his ' offence ' in considering any future application the applicant may Make."
The licence was revoked in November, 1958, on the ground that Mr. Scott had falsely stated the unladen weight of the vehicle to be 2 tons 17 cwt. 105 lb. On appeal last July, the Tribunal referred the case back to the Licensing Authority to hold a further inquiry to obtain, if possible, the answers to 10 questions. The inquiry was held last November (The Commercial Motor, -November ,13 and 20).
" A weighbridge certificate from the Workshops for the Adult Blind, Newcastle, was produced, purporting to show the weight of the vehicle as 2 tons 17 cwt. 105 lb. On the day in question, however, the vehicle was working in Cumberland and was weighed at a chemical works, where the weight was recorded as 3 tons 17 cwt. 3 qtr.
K. and B. Motors, thropgh Mr. Waters, managing director, sold Mr. Scott a B.M.C. 7-tonner with special A licence. Of the total purchase price, £600 was treated by K. and B. Motors as the cost of the licence. Mr. Scott signed a blank application form for a special A licence.
The weight of the lorry was declared to Cumberland County Council as 3 tons 12 cwt. 37 lb. It was when the Licensing. Authority discovered the discrepancy that he revoked the licence.
The..licencein question had been issued in 1954 to a Mr. Morris, of Sunderland, for a Seddon vehicle with a declared weight of 2 tons 17 cwt. 109 lb. K. and B. Motors bought the licence from him and transferred it to the B.M.C. lorry. which was declared to Northumberland County Council as weighing 2 tons 17 cwt. 105 lb.
To sell the licence Mr. Morris signed two blank forms. These were completed by the Road Haulage Association, and asked for the B.M.C. vehicle to be substituted for the vehicle specified in Mr. Morris' licence and for the B.M.C. to be deleted from the licence on assignment to Mr. Scott. In fact, Mr. Morris had nothing to do with the B.M.C. lorry.
The Tribunal find that this vehicle weighed not less than 3 tons 12 cwt., but Mr. Scott had no intention of misleadin,g
the Licensing Authority. The weight certificate was procured by fraud on the part of a servant of K. and B. Motors. Statements made to the Licensing Authority about. the unladen weight were untrue and were "made or procured to be made" by a servant of K. and B. Motors, who either knew them to be false or had no honest belief in their truth. •
By sigg a blank application form Mr. Scott authorized the company to act as his agents and, the Tribunal state, cannot accordingly escape responsibility for the false statement which, albeit for their own purposes, the company made in his name." They think, however, that he has already suffered a great enough penalty.
The revoked licence was due to expire on April 30, 1959, and the Tribunal have made no order on the appeal..
They reiterate earlier advice that, where unladen weight is a material fact, a Licensing Authority, should always require it to be certified by a weighbridge approved by him.