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B.R.S. (Parcels) Limited Liability for Loss
3, Court of Appeal last week upheld
decision that, ' although B.R.S. 1s), Ltd., had admitted losing three bales of worsted cloth in transit London to Manchester, their 1/ to the consignors should be under the British Transport Comn's conditions of carriage.
court dismissed an appeal by Hunt Vinterbotham (West of England), woollen goods manufacturers, of Mills, Dursley, Glos, against a by Mr. Justice Block in the City indon Court last April that they mtitled to recover only £68 of the ralue of the three lost bales. Leave peal to the House of Lords was d.
dying on Carriage Conditions lellants contended that the trial
was wrong in holding that the .s, who had adduced no evidence icate how the three bales were lost, rely on condition 9(a) of the stan-otiditions of carriage issued by the
Transport Commission, to limit lability.
condition provided that, subject to ions, "the liability of the carriers )ect of any one consignment shall
case be limited (1), where the loss er sustained, is in respect of the nment to a sum at the rate of £800
of the gross weight and (2), where ss, however sustained is in respect I of the consignment, to the proa of the sum ascertained in accordkith (1) of this condition which the value of that part of the consignbears to the actual value of the of the consignment."
.ng the reserved judgment of the
the Master of the Rolls, Lord Led, said that if the loss was xl by the carrier doing something alien to carrying the goods, such would be outside the scone of the ion. The condition applied only where the loss arose during carriage according to the contract.
The appellants had alleged no more than negligence and therc was no onus, under the provisions of the condition, on the carriers to prove that there had been no fundamental breach by them of the contract.
No Fundamental Breach?
One could sympathize with the appellants. Their goods had been lost, they knew nothing of the circumstances, the respondents elected to give no evidence and merely paid as compensation a fraction of what the goods were worth. This, however, was not sufficient to shift the burden of proof regarding fundamental breach.
The position might be different where a fundamental breach was specifically alleged by the consignor as the cause of the loss, or where the consignor put the carrier to proof of performance of the contract of carriage.
In the present case, neither as a matter of construction of the contract nor of general principle, was it possible to say that the respondents were obliged to prove the absence of a fundamental breach. • Lord Justice Danckwerts agreed with the opinion that the appeal should be dismissed with costs.
New By-pass on Al THE Wentbridge by-pass in the West Riding of Yorkshire, part of the improvement of the Great North Road (Al), was officially opened on Monday by Alderman A. Dwyer. chairman of the Highways Committee of the West Riding Council.
The new road, nearly two miles long, runs east of Wentbridge and has 24-ft. dual carriageways. It incorporates the largest viaduct of its kind in Europe, the Wentbridge Viaduct,'which is 470 ft. long and spans the valley of the river Went.
QUICK SEVEN-YEAR TESTS
LONDON owners of seven-year-old vehicles who are unable to arrange. a convenient appointment with an approved testing station for the compulsory test are reminded that they can usually get swift treatment at the Ministry of Transport Testing Station, Aerodrome Road, Hendon, off Hendon Way.
Such vehicles must he tested by December 31 if it is intended to re-license them after that date. Owners can either arrange an appointment at Hendon or drive straight in, when they can usually be accommodated.
"THE COMMERCIALMOTOR" INDEX
THE index to Volume 113 of The Corn'. mercial Motor (February-July, 1961) is now available from Temple Press Limited, Bowling Green Lane. London, E.C.1, on receipt of 4d. to cover the cost of packing and postage. Engineering Diplomas Awarded QUCCESSFUL students from all parts
of the world received their diplomas from Sir Matthew Slattery, this year's president of The College of Aeronautical and Automobile Engineering and chairman of B.O.A.C., at -the annual prizegiving of the college held at Chelsea Town Hall last week.
The principal, Mr. J. A. C. Williams, said that nearly half the total passes awarded in the City and Guilds Motor Vehicles Electricians' examination this year had been won by students of the college, including four of the first five 1st Class passes. Some students had achieved the unique distinction of qualifying for two City and Guilds Technological Certificates—those in Automobile and Agricultural Engineering.
Mr. Williams said that the college had been visited by two committees of the Institute of Road Transport Engineers this year and, as a direct result, automobile students receiving their diploma are recognized by the Institute as having done the equivalent of three years' indentured apprenticeship practical work towards that required.
BENDIX-LOCKHEED DEAL
THE American Bendix Corporation's French affiliate, Ducellier-BendixAir Equipment (D.B.A.) has acquired the French Lockheed. concern. Bendix state that the combined French companies will now have the largest automotive brake sales in Western Europe, and will operate 12 French factories.
Mileage Up—Aeeider Down
A LTHOUGH Dunclee Trat I-1 Department's mileage has risen 7+ to 71 million in the past years, accidents involving collision dropped by 10 per cent., and acc of all types have dropped by I cent.
These facts were given by Mr. Russell, the transport engineer manager, at the department's $. annual safe-driving awards preser dinner. A total of 281 awards made, representing almost 75 per -of the department's drivers.
One hundred lorry drivers of the works, of G. and T. Earle, Ltd., I shire, cement manufacturers, ci 3,786,762 miles in 1960, it was when they received safe-driving a
"Heads of the Valley Road
WORK will start shortly on the stage of the.Heads of the Va road, a modern highway to superse existing Neath-Abergavenny road,
The new section will be nine long between Hirwaun and Dowlai will include three bridges, and be plete in three years. The first s Abergavenny-Brynmawr, is due for pletion in 1962.
When finished, with a third between Dowlais Top and Bryn the 241-mile road will link the Wes lands and South Wales via the Bi ham-Bristol (M5) and Ross Spur motorways.
Big Contract-to-A Switch
AT a resumed hearing in Edinburgh on Monday, the Scottish Licensing
• Authority, Mr. W. F. Quin, granted an application by J. and A. Smith of Madiston, Ltd., for conversion Of existing contract A licences into ordinary A; this licence switch involves 26 vehicles and one trailer totalling 177-I tons currently used on "goods for British Aluminium Co., Ltd., in Great Britain."
The Authority was told that British Aluminium wished to make the change.
There were 26 objectors to the application, and, for one group, Mr. J. B. T. Loudon criticized a lack of precise informationabout destinations and tonnages. But Mr. Quin, ruling that the application could not be regarded as a new one, said: "When contract A licences are granted we do not consider destinations but only the vehicles. In the circumstances I consider I am entitled to grant as requested."
Manchester Trolley1 To Go
T"plan to replace Ma Corporation's trolleybuses wil buses has reached a further Sts the preparation of a report by ti port committee for the city count envisages .conversion being carrie stages over the next six years, vehicles which would normally al be due for extensive overhaul, an to about half the fleet of 116 being replaced by motorbuses two years. Theshrst route due version is that from Piccadilly Cross, Hyde.
Reasons put forward for the over are operational flexibility, with the ability to modify route! developments in the districts ser savings in operating costs.
Some of the routes are operate, with Ashton-under-Lyne Corpora the future of the latter's trolleybu would appear to be directly air( Manchester's policy,
Camp Service Refused
DRISTOL OMNIBUS CO., LTD., and Gloucester Corporation at Bristol last week successully opposed an application by an independent operator to run an express service between Innsworth R.A.F. Camp (Glos) and Gloucester Eastgate and Central railway stations.
The applicant, Mr. W. J. Thomas, of North Place, Cheltenham, told the Western Traffic Commissioners that he operated a number of coaches and taxis and had a taxi office in the camp for the convenience of R.A.F. personnel.
Bus Lane Plan Rejected EDINBURGH CORPORATION has 1_, turned down the proposal that a traffic lane . should be reserved for municipal and outside bus traffic on the gardens side of Princes Street. It was proposed that this should be regarded as an experiment for the Christmas and New Year period, with a view to later continuance as a normal operation.
The magistrates, however, have refused the proposal because the inside lane is used for taxi ranks and car parking. The proposer has indicated that he will raise the matter again for the Edinburgh Festival period.
MIDLAND RED TO RUN ON MS 'THE West Midland Traffic Commis]. sioners have granted an application by B.M.O. to run express services on the M5 motorway between Birmingham and Worcester when the new road opens next summer, but have limited this to one departure hourly on weekdays, and two vehicles hourly at week-ends. The grant is for an experimental period of one year, and the Commissioners warned that existing stage and express services might, as a result, have to be substantially altered; they also expressed surprise at the low fare (3s. 6d. single) for the new journey, which will take only 50 minutes compared with the present 90 minutes on the existing main road, and represents a point-to-point average of over 35 m.p.h.
A.C.V. PROFITS UP
A SSOCIATED CO M M ERCI AL 1-1 VEHICLES, LTD., on Tuesday announced a final dividend of 11 per cent., making 16 per cent, as forecast. Profits before tax have increased by over
per cent., from £1.51m. to £1.92m.
The accompanying statement reveals that the order book is now bigger than it was a year ago, and that while demand has eased off because of credit restrictions, there has been a marked mcrease in export business.
The published figures, however, do not include those from Transport Equipment (Thornycroft), Ltd.. which was taken over last March and which has been making losses for three years.
NEW DUNDEE DEPOT THE new £85,000 depot of the Dundee Transport Department was opened last week. It takes 99 buses.
Orders and Deliveries
DURBAN ORDERS MORE: Durban Corporation has ordered 15 Leyland Worldmaster ERT2.1 models with semiautomatic transmission from Leyland Albion (Africa), Ltd. They will have bodywork by Bus ,Bodies (S.A.), Ltd.
MORE BUSES FOR WEST AFRICA: The Crown Agents for Oversea Governments and Administrations have ordered £50,000 worth of Leyland buses for Sierra Leone Government Road Transport. The order is for the five Leyland Titan PD2.41 double-deckers with 56-seater M.C.W. bodies, and three Leyland Tiger Cub PSUC1.5 single-deckers with 44-seater Marshall bodywork.
TANKERS ORDERED: Gilbraith Tankers, Ltd., of Accrington, hare ordered three Leyland Octopus PowerPlus long-wheelbase chassis with 140 It.p. diesel engines and six-speed gearboxes. They will be equipped with 3,600-gal. tanks by Universal Boilers and Engineering Co., Ltd., Burnley.
MUNICIPAL SCARABS: The County Borough of Great Yarmouth has ordered two Scammell Scarab 3-ton diesel engined tractors and Walsall Corporation has taken delivery Of a Scarab 3-tormer and drop-frame semi-trailer outfit.
LEY LANDS FOR HIRE: The Vehicle Hire and Supply Co., Ltd., Rushden, has ordered 12 Leyland Beaver tractors with 200 b.h.p. Power-Plus diesel engines.
COACHES FOR IRELAND: Coras I ompair Eireann have ordered 90 Leyland Leopard single-decker coach chassis. They will be delivered in c.k.d. form to the CIE. workshops where they will be assembled and fitted with luxury bodywork.
FOR .SPA1N: One hundred and ten sets of A.E.C. "Reliance' single-decker bus chassis units have been ordered by Barreiros-A.E.C. S.A. They will be built into vehicles manufactured in Spain.
A.E.C. UNITS FOR GUY: Guy Motors (Europe), Ltd„ have ordered 54 A.E.C. AVU 470 engines and the same number of gearboxes.
TANKERS FOR LAGER: Arthur Guinness Son and Co. (Park Royal), Lid, have ordered eight A.E.C. Mammoth Major eight-wheelers for the transport of Harp Lager. Insulated 3,000-gallon stainless steel tanks, supplied by Burnett and Rolfe, Ltd.. of Rochester, will be fitted.
One-piece Plastics Cab for Mercury
THE first one-piece moulded reinforced
plastics cab built by Road Transport Services (Hackney), Ltd., for the A.E.C. Mercury chassis has been mounted' on a Mercury tractive unit recently supplied to Howards (Ilford), Ltd.. Uphall Road. Ilford.
Basically, the design is the same as that of the reinforced-plastics cab made by the concern for A.E.C. Mammoth Major chassis. Apart from the wings, bumper and radiator grille, the complete cab including the floor, engine cover, doors and dash panel is of reinforced plastics. Although this first example is finished in cellulose and has a standard grille the plastics can be colour impreg-nated and an alternative grille can be incorporated if required. The cab has a four-point mounting, and it is claimed that the complete unit can be removed in as short a time as one Fjour.
Improved B.M.0 Tractive Units
SEVERAL improvements mechanical specification of and Morris 12/15-ton tractive ur been announced. To give ben< characteristics, particularly whet ling unladen, the wheelbase h increased by 10 in. from 7 ft. 7 ft. 11 in., whilst a better m frame strength has been prov increasing the frame thickne in. to in. and the depth fro to 7f,in. Another change is 17-gal. fuel tank is replaced by component. These changes ap. to forward-control models, am cases prices remain unaltered.
New Jeep F1eetv4
THE latest version of the Jeep built by Willys Motors, Toledo, Ohio, incorporates a type windscreen claimed to gi forward visibility for the drive body is of the relatively tall wal widely used for this type of vehil United States, but the wheelba 9 in., and the overall length, 12 have been kept to a minimur interests of manoeuvrability. characteristics give the vehicle at relationship to the Jeep militar despite the fact that it is of control layout.
Designed for a 9 cwt. payl Fleetvan has the four-cylinderi engine of the overhead inlet exhaust valve type favoured vehicles for some lime. In it form an output of 72 b.h.p. is E
stry Boost for Hovercraft
E:LOPMENT of hovercraft will be 'en new impetus by the decision Ministry of Aviation, announced .eek, to institute a hovercraft h programme at the Royal Air
:stablishment at Bedford. The ate interest is in evaluating hovers potential military vehicles, but ich programme will inevitably s effect on commercial models. Ministry are buying an experi 10-seat hover machine, the .Norman CC2 Cushioncraft, built [bridge, I.W., and the R.A.E at
will also be associated with iment of the Westland SRN2, .ed and described in last week's f The Commercial Motor. IRU on C Licences RECOMMENDATIONS published by the International Road Transport Union state . that C-licensed transport must be so defined as to serve exclusively the personal needs of the licensee, any evasion of this at the .cost of the haulier being impossible.
Transport niers, 'continues the document, have the right to use their own transport as thought best, and quota 'systems for C-licensed traffic must be abolished; C-licensees and hauliers should in their own interests work together in every country through official bodies with rules cut to national needs.
The recommendations are the result of a two-year study by the IRU which has also issued a statement on vehicles' weights and dimensions in which it urges that for goods vehicles, articulated units and goods trailers these should be standardized over-the whole of Europe, or at least within the Common Market area.
The union opposes the majority decision of the European Transport Ministers' Conference (CEMT) of October, 1960. and recommends a total length for goods vehicle-plus-trailer units of 18 metres (59 ft.) a total permissible weight of from 36 to 38 metric tons and a permissible driving axle weight of 13 metric tons.
100th Van "Launched"
r_ENER AL Sir George Erskine, k-..1 assisted by Jack Warner (TV's "Dixon of Dock Green "), " launched " with a bottle of champagne Securicor. Ltd.'s one-hundredth armoured vehicle after it had been handed over to them by Locornotors, Ltd., at the company's London headquarters last week.
Most of the vehicles .operated by 'Seem-icor are hired from Charles Rickards, Lid.
Locomotors convert the vehicles, The full extent of adaptation cannot be revealed. but includes the installation of specially designed security devices, the protection and reinforcement of the bodies, and the provision of warning equipment and radio for continuous contact with headquarters.
Securicor have another 150 of these vehicles on order.