Tribunal Asked to Define New Onus of Proof
Page 36
If you've noticed an error in this article please click here to report it so we can fix it.
riUlD ANCE on the onus of proof of le-I an application for a B licence was sought by`Mr, T. H. Campbell Wardlaw before the Transport [Appeal] Tribunal in London on Tuesday, when the provisions of the Transport Act, 1953, were discussed.
Mr. Wardlaw was representing S. C. Cook, Ltd., Consett, Co, Durham, respondents to an appeal by the British Transport Commission against the Northern Licensing Authority's grant to the company of a variation of a • B licence.
Mr. C. R. Beddington, for the Commission, said the variation added to the licence the condition, "one articulated vehicle, 4 tons, and trailer not exceeding 6 tons, to carry from the Sunderland works of Steel's Engineering Products, Ltd."
He submitted that the decision was extraordinary. No evidence was called to support the application. "In fact," said Mr. Beddington, "the solicitor for Mr. Cook admitted he did not seek to prove there was need for additional transport for Steel's. He said he did not intend to do any extra work for Steel's, He called no witnesses and there were no letters. One is left wondering whether Steel's knew an
application was being made." This was a mere device to avoid the burden of proof which fell on an applicant for additional tonnage under an A. licence. What Mr. Cook wanted, Beddington submitted, was additional tonnage on an A licence, which he already held for special-type vehicles. There was no evidence to show that existing facilities were not adequate.
Mr. Wardlaw suggested that, under the new Act, an applicant for a new licence or for a renewal need prove only that there were people ready and willing to employ him, and that an established carrier need show only that he could not do all the work offered him.
"In my submission, there was nothing in Mr. Cook's evidence to show there were adequate facilities," he declared. " Mr. Cook's evidence showed his vehicles were very fully employed."
Mr. Wardlaw suggested that it would be of great advantage to have some guidance from the Tribunal as to the prima facie ease which an applicant must discharge when applying for a licence.
The case was adjourned until Wednesday.
Earlier in the day the Tribunal dismissed the appeal of C. U. Costella and Sons, Boldon Colliery, Co. Durham, against the refusal of the Northern Deputy Licensing Authority to vary a B licence to enable them to carry for British Cratemakers, Ltd.
"On what you told the Licensing Authority he could not have done anything other than refuse," said Mr. J. C. Poole, president.
TRAINING FOR MOTOR TRADE ENTRANTS IN January, Mr. S. S. Dawes, president I of the Institute of the Motor Industry, hopes to be able to 'indicate proposals for the foundation of a residential training course for those intending to enter the motor trade. He gave this information at a dinner in Leeds Last week.
He outlined the progress that had been made in providing instruction for young men, and Mr. W. L. Thompson remarked that the motor industry was beginning to feel the benefit of training facilities which were remedying the shortage of experienced labour because of the war.
Mr. R. H. Wilby, chairman of the Leeds centre, also spoke.