Additional Vehicles Not Justified to "Break" Rates Dispute THREE courses
Page 29
If you've noticed an error in this article please click here to report it so we can fix it.
of action that could be taken, in a case where a dispute over rates caused an artificial shortage of transport, are suggested in the Appeal Tribunal's decision on an appeal by Reginald Patten against the Western Deputy Licensing Authority's grant of a B licence to W. H. Poole, of Ilminster. Mr, Poole, a coal merchant, was authorized to carry coal for Bradford and Sons, Ltd., Ilminster coal and seed merchant.
During the hearing of the application, two objectors, including Mr. Patten, alleged that Bradford and Sons, Ltd., insisted on deducting Is. a ton from the rates quoted for the haulage of coal, hut said that they were able to undertake work for the company. Mr. Poole, however, produced letters which they had written to Bradford's declining work on account of pressure of business.
"[he Deputy Licensing Authority took the view that, even if the objectors had vehicles available, they would not carry coal except on terms unacceptable to Bradfords. and he considered it his duty in the public interest to disregard their vehicles in assessing the amount of transport actually available to do the work.
The Tribunal points out that if this Vit.:kV were correct, the existence of it dispute over rates would become a ground for authorizing additional tonnage to one of the parties to a disagreement. Hauliers who might be refusing to carry goods at rates which they thought were uneconomic would he forced to give way, or would be submitted to wasteful competition. Such a situation would be out of accord with the intention of the Road and Rail Traffic Act.
The Tribunal suggests that a Licensing Authority could deal equitably and properly with such a question. without granting additional transport for the purposes of " breaking" the dispute. He could, if he thought it desirable, investigate the disagreement and decide whether transport was reasonably available or was unreasonably withheld.
Alternatively. Bradford and Sons, Ltd., could employ the available vehicles and, if it thought the rates charged were unreasonable, the company could apply under the Road Haulage and Hire (Charges) Order, 1942, for a refund of any overpayment. As a third course, the customer could operate his own vehicles under a C licence, or give a long-term contract to a haulier,
In meeting a request front the Deputy Licensing Authority for further guidance as to the admission of letters as evidence, and the weight to be attached