Change for the Worse
Page 32
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HAULIERS who have changed the nature of their .1 businesses during the currency of their licences should take note of decisions given last week by the Transport Tribunal. This had occurred in two cases and both the decisions were unfavourable to the operators concerned.
In one instance a haulier had acquired a small business and in adding it to his own had changed its character. He then applied successfully to replace by a larger unit the vehicle which he had taken over, but on appeal the grant was revoked.
In the other case an old-established haulier was refused the renewal of his A licence because he had changed his normal user and on appeal the Licensing Authority's decision was upheld. Mr. Hubert Hull, president of the Tribunal, expressed reluctance to deprive a haulier of his licence, even when the alteration in the character of the business had been substantial, but he made it clear that, in such an event, evidence to justify the new traffic must be fully presented. In the case in question, the Tribunal held that other operators were well able to do the work.
These cases should serve as a warning. If the A licence had not been granted before the Transport Act, 1953, had been passed, it could have been suspended or revoked before its expiry on the ground that the original statement of intent had not been fulfilled. That is an additional hazard for hauliers who try to adapt their operations to changing conditions of trade.
Another point emphasized by the Tribunal is that a haulier who secures a contract is not entitled as of right to a licence to perform it. If a customer has goods to be carried and chooses a haulier to do so, full proof is still required of the need for the service. Although the 1953 Act emphasizes the priority which the interests of the user must take over all others, licences are not being issued like postage stamps over the counter.