Summary Justice
Page 34
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EVER a :vigorous man of action, the Yorkshire Licensing. Authority, has taken i bold step to deal with farmers whose interpretation of their powers to carry for hire or reward under C licences is too liberal He has thus achieved in a stroke . something that 'several years '.: negotiation between the Rod Haulage Association, and the National Farmers' Union has failed to profitice-La: definition.of the area. in 'whichjarmers 'may be said to be neighbours. ' ' • Under Section1 (5) (c) of the Road and Rail Traffic Act, 1933, a charge may be made under a C licence for "the carriage by a person engaged in agriculture in any locality Of goods for or in connection with the business of agriculture carried on by another person: in that locality, so long as the goods are carried in a vehicle which the person carrying them is authorized by a licence to use for the carriage of goods for or in connection with his agricultural busine0?! ' • • No definition ' Of .a--" locality" has ever been given by .the',cOuris and the Yorkshire Licensing Ant hOrity"Wasii(her COUrageous of rash -when, last week; he warned .a farmer that if he Carried for hire or reward for a neighbour outside a radius of five miles from his homestead, he would be prosecuted.
The operator had not been called before the Authority to account for. his conduct, but the matter -.arose during an application for a variation of a B licence. The variation was refused and the applicant was granted a short-term B licence, with the warning that he would have to comply strictly with its conditions and restrict his C-licence work.
The Authority was, in effect, attaching a condition to the C licence and his action could be challenged in the courts. It will, however, be welcomed by all bona fide hauliers. They have complained for many years of the unfair -co-inpetition of farmers who, as in • the case of the Yorkshire operator, have been carrying for .hire or reward for other farmers based as far as 20 miles distant from their holdings. .
It is to be hoped that the Licensing Authority has encouraged the Minister of Transport to amend the 1933 Act to lay down a specific limit to the activities of the farmers.