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148 
REFUSAL OF SPECIAL A LICENCES AGAINST ACT
Page 46
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IN a reserved decision, last Friday, on applications by seven Scottish I hauliers for special A licences for vehicles purchased from British Road Services, Mr. W. P. James, West Midland Licensing Authority, granted licences for 15 vehicles and refused them for three.
As reported in The Commercial Motor last week, he held an inquiry into the applications to ascertain whether, with their new owners, the lorries would be able to serve substantially the areas in which they were operated by B.R.S.
Mr. James granted applications by Central Garage (Bathgate), Ltd., for nine vehicles; Miss Pat Regan for two; Mr. Michael Regan for one, and William Griffith (Whitburn), Ltd., for three. He refused applications by Caledon Distributors, Ltd., Mrs. E. McLeod and Messrs. W. and J. Russell (Russell of Bathgate), each for one vehicle.
All to be Assigned He said that all the vehicles concerned in ,the applications of Central Garage. Miss P. Regan and Mr. M. Regan, were proposed to be assigned to other operators. Ail the remaining vehicles were the subject of proposed assignments by one or more of those three applicants.
The applicants, all being domiciled outside the traffic area, had declared that they had a permanent base or centre in the area, from which the vehicles would normally be used. In the case of William Griffith (Whitburn), Ltd., the declared base was that of Mr. Sam Anderson, Woodnorton Road, Langley, Birmingham. The remaining applicants had given the address of John Hunter and Sons (Transport), Ltd., Walsall Road, Tame Bridge, Wednesbury.
Were there bona fide permanent bases or centres from which the vehicles could conveniently serve substantially the same areas as those covered by the vehicles when last used by B.R.S.? All the lorries had last been based in Birmingham, with the exception of one, which was based at Worcester.
Chance for Small Buyers Mr. Dan McKay, who had appeared for the applicants, had said candidly that Central Garage (Bathgate), Ltd., Miss P. Regan and Mr. M. Regan would not operate the vehicles for which they were applying, but intended to assign them. Many transport units, as sold by the British Transport Commission, he had said, were too large for the small man. The action of concerns such as Central Garage, in splitting up large units. gave the small operator an opportunity to buy.
In considering the applications of the original purchasers, the Licensing Authority said that if they were refused, it was difficult to see how the vehicles concerned could be put into service. The proposed assignees, who wanted to operate the lorries could not begin to have their licence applications considered until the assignors were in possession of licences. Mr. James had decided that to refuse the applications
would be contrary to the spirit and intention of the Act.
Dealing with the applications by Mrs. McLeod, Caledon Distributors, Ltd., and W. and J. Russell, who had declared their intention of operating from Wednesbury, Mr. James said all of them had made only verbal arrangements with John Hunter and Sons, who were to receive commission. None of the evidence had satisfied him that the applicants had a base or centre at Wednesbury within the meaning given to the phrate by the Transport Tribunal.
This laid down that a base different from the applicants' home address must be a place from which the vehicles in question were controlled by the applicant or someone acting as his agent or servant. The functions to be performed by Hunters and the manner of their remuneration seemed hardly, if at all, distinguishable from those of a clearing house. The applications would be refused.
The case of William Griffith (Whitburn), Ltd., was somewhat different, in that the applicants intended to enter a written agreement with Mr. Sam Anderson whereby some part of Mr. Anderson's premises would be set aside for the exclusive use of the applicants and any other Scottish operator who might act in conjunction with them.
Mr. James was in some doubt about the control of Griffith's vehicles from Mr. Anderson's address, but he had noted that the applicants were seriously considering appointing a manager of their own for the Langley base, and he was prepared to accept this as evidence of a genuine intention on their part to operate vehicles from Langley. With some hesitation, he granted the application.
NEW SPECIAL A REFUSAL THE Metropolitan Licensing Authority has refused Leeway Transport Co., Ltd., 198 St. Teilo Street, Pontardulais, Glamorgan, a special A licence for a lorry (6 tons 18 cwt.) based at Purfleet, Essex.
CARS FOR SAFE VAN DRIVERS IN an attempt to reduce accidents, an Airdrie master baker, Mr. J. C. Dalziel, has offered a new car to any of his 36 van drivers who complete 12 months' accident-free driving. In the past he has awarded £50 to the best driver and £50 for the hest-kept van. His fleet, delivering daily over central Scotland, covers more than 540,000 miles a year.