A Five Years' Licence—Perhaps !
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The Extension of the Licence Tenure May Well be a Mixed Blessing at the ,Present Stage, as Activities Will Be More Closely Scrutinized
OPERATORS sec:king the renewal of .../their licences should anticipate greater difficulties than have been experienced formerly. Their activities over the past two years will be closely scrutinized and some applicants will discover that interested parties have paid the most flattering attention to even their minor operations.
It is commonly argued by the holder of an A licence that he is entitled to carry any class of goods anywhere for anyone, and in this presumption he appear, to have the authority of the Act itself. Whilst I do not, for one moment, suggest that the wording of the Act is framed to deceive or mislead, I do say that a great deal of trouble can arise through taking too much for granted.
What have we to face at this, the most critical, stage in our licensing record? Should the Licensing Authority exercise his discretion in our favour, by granting the continuation of our licence for a period of five years instead of for two years, as hitherto, it will be after certain facts and figures have satisfied him that this would be the only proper course to pursue.
. Curtailment May Result.
It is possible that, owing to peculiar circumstances, some of us will not meet with that full measure of good fortune. Our wings may be clipped, or our flight curtailed. You and I wish to enjoy the full benefit of the power that has been conferred on the Licensing Authority by the Minister and it is, therefore, up to us to make this in every way possible.
The Licensing Authority has to carry out a rigid duty and to follow an uncompromising course. He must guard against the introduction, continuation, aggravation or even possibility of wasteful competition in an industry that has, in the past, suffered sorely from this handicap. I wonder haw many thousands of operators have disappeared in the shifting sands of such competition throughout the past 20 years?
However, we are considering the position that we shall have to adopt before the Licensing Authority and we are anxious to make that position sufficiently strong to secure, for us, the continuation of our licence for five more years. What are we up against?
Maybe, during the past two years certain of our vehicles have been untaxed or indifferently employed for a period. Naturally, we seek the continuation of the licence without loss of tonnage. As some of these vehicles have been unnecessary to our requirements, the Licensing Authority questions the wisdom of giving us a blank cheque with which to draw on the future, and that is the fly in the ointment. Briefly, it must be realized that here is a case on all fours with one that we should have to argue should we be seeking additional tonnage, and that is where we may be in trouble.
The next point is as to whether the character of our work has so changed that it can be claimed that we have entered fresh fields and possibly, introduced wasteful competition elsewhere. The third point is whether or not we are engaged in handling traffic better suited to another form of transport, which is, in consequence, suffering as a result.
It is my intention to give you a lead in these matters, and nothing more. To your retort that a nod is as good as a wink to a blind horse, my reply is "Quite so' and, therefore, I urge the most complacent and even the most assured to hesitate before abstaining from enlisting the services of those experienced in such matters.
Handling Your Case.
Every case stands or falls on its own peculiar merits and practically every case differs from its fellow in some essential feature. It would be impossible for any newspaper article to contain detailed instructions and advice regarding the proper handling of a case, or as to the selection of evidence on which a successful issue may depend. There are those who have specialized in these affairs for the past four years. They have imbibed so freely the atmosphere of the Traffic Courts that one might almost sirspect them of having acquired a railway complex. This is to your advantage because they are able to anticipate, with a certain precision, many of the arguments likely to arise, and sometimes they even know the answers.
There is no doubt that the business of securing continuation of a licence in future will prove a big jump with a definite reward for the successful, and I suggest to you that my statement is not in the least exaggerated or wild when I foresee the strongest opposition to the majority of applications for renewal of A or general carriers' licences this autumn and onwards. '
There will be some who meet with no opposition and who will feel correspondingly assured of an unruffled and wholly successful inquiry. To them I say, "The Licensing Authority still has his duty to perform and still must be satisfied, for he has to safeguard the interests of all the other operators in his area."
Entering the Lions' Den.
If you must negotiate with objectors, do so with reserve and exercise the greatest caution. Not, for a moment do I doubt the good intentions of all concerned, but there has been evidence, over and over again, as to how information, divulged in the course of these negotiations,* has been fashioned into a weapon, the handling of which is only too well understood by those who have had four years' experience of this campaign.
Finally delay will prove your greatest enemy. So soon as you make your application, and this applies to any kind of application in relation to an A or B licence, set about collecting evidence in support. Build up your case and then pull it to pieces, commercially and technically. Imagine that you are opposing your own application and level at it every argument you can possibly think of.
The acid test is to prove the need, so apply it faithfully and assiduously, however small the result may be to yourself. Incidentally, it is of interest to note that the merits of applications are argued mainly on a commercial basis. I foresee the day when technicalities will become the order of the day. Even now, arguments on this basis carry considerable weight.
E.H.B.P.