Tribunal agree: One dump truck not enough
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"A GRANT of one dump truck is of little
use", said Mr. J. B. T. Louden this week to the Transport Tribunal when he appealed successfully against a decision of Scottish LA Mr. E. Birnie.
The appellant, Clydeside Construction Co. Ltd., had applied for a B licence for six dump trucks conditioned, "bulk earth-moving, excavated and demolished materials within 15 miles of sites" where it was working throughout Great Britain. The area was later amended to read Scotland, Northumberland, Westmorland, Cumberland and Durham.
The appellant contended that the LA in granting four dump trucks for Scotland only had disregarded a proven requirement. At the public inquiry the objector had not produced evidence of spare capacity, had not shown that it operated dump trucks and was not disputing the applicant's contention that dump trucks should work in teams of no less than three. The application had been supported by all the dump truck operators in Scotland and despite wide publicity had not drawn objections from England or Wales.
Mr. Louden told the Tribunal that in addition to the requirement in Scotland there was a need for such vehicles in the Northern traffic area. At the inquiry the LA had said that there was a falling off of civil engineering work in Scotland.
The objector had taken the view that while tippers could not operate as dump trucks, dump trucks could operate as tippers and it feared abstraction of traffic. Mr. Louden said that this situation was most unlikely as the rate for a dump truck of £3 per hour Was almost double that of a tipping vehicle.
The Tribunal, in upholding the appeal, reduced the north of England territory to Northumberland and Durham. They considered that the evidence of teamwork was strong enough to warrant a grant which would permit the operator to work in minimum units of three.