Seek Advice before Applying
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A FALSE STEP CAN LEAD TO DISASTER
TUST a fortnight ago, in "Licensing Casebook ", I mentioned my amaze) ment and dismay at the lack of knowledge of the basic rudiments of licensing shown by two applicants for road service licences, whose cases were heard (and refused) by the South Eastern Traffic Commissioners at Brighton.
Alas, this lack is not confined to applicants for excursions and tours in the passenger-carrying field. In goods vehicle licensing courts all over the country hauliers and prospective hauliers appear before Licensing Authorities without legal representation. In a majority of cases they manage quite well, thanks to the tolerance of the Authority and of lawyers representing other parties who may be in the case.
But there are many applicants who get into difficulties over licensing solely because they have not thought it necessary to seek advice or take heed of directions given to them in pamphlets accompanying blank application forms, at the very outset when they are considering making applications or renewals.
A case in point came before the Metropolitan Licensing Authority, Mr. D. I. R. Muir, last month, when he called before him Ongar Motors and Transport Co. Ltd., to show cause why its licence should not be revoked or suspended, under the provisions of section 178(1Xd) of the 1960 Act, because of a false declaration made in an application form for the renewal of its A licence.
During the inquiry, a history of illness and death on the part of the directors of the company was outlined to the Authority. As a result, the responsibility for applying for a new licence fell on the shoulders of the transport manager who, apparently, had been employed by the company for 16 years.
At that time, several of the vehicles ipecified in the expiring licence were not in the possession of the company. Four had been sold and the others broken up.
Receiving no firm instructions from his employers, the transport manager (who told the Authority at the inquiry that he was "quite alone and this was the first time I had applied for a licence ") telephoned the L.A.'s office for guidance, He was told, he said, that the old vehicles should remain on the licence "pending the application ". Thus it was that the registration numbers of vehicles which were not in the possession of the company were given in answer to question 8 in the application form.
Mr. Muir, after hearing evidence from the transport manager, stressed that Licensing Authorities depended to a very large extent in the exercise of their duty on hauliers answering questions in application forms truthfully. He thought there had been no intention to deceive, but he deleted seven vehicles from the licence.
B16 Question 8 in application forms G.V.1A (for an A licence) and G.V.1B (for a B licence) is put there for a purpose. It enables the authorities to know exactly what vehicles are to be specified in a licence, the type of vehicle and its unladen weight. If an operator disposes of any specified vehicle he must inform the Licensing Authority's office immediately so that the licence can be amended. Only in the case of applica tions for hiring allowances is it not necessary to give the numbers of vehicles to be licensed. Failure to give the correct information in application forms invariably will lead to the licence being considered for revocation, etc., under section 178.
To approach the L.A.'s office over the telephone for advice about filling in applications is al.ways risky. Misunderstandings can so easily take place. It is always much safer to obtain professional legal advice. The cost is negligible when compared with the inconvenience that might be caused if wrong information is inadvertently given.