Different Commissioners Heard One Case
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I N a written decision, the Minister of Transport has ordered the Yorkshire Traffic Commissioners to rehear an application by Wallace Arnold Tours Ltd., Feather Bros. (Tours) Ltd., I. W. Kitchen and Sons Ltd., Wardways Ltd., Robert Barr and Sons Ltd. and Hudson Coaches (Leeds) Ltd. for a variation of their licences so as to authorize certain creative fares on excursions and tours from Leeds and Bradford.
When the application, which was refused by the Commissioners, was heard, the chairman of the Traffic Commissioners sat for the first day with one Commissioner and on the second day with another. Section 153(3) of the Road Traffic Act 1960 provides that "not less than two commissioners shall be present at the hearing of an application ".
The Minister has been advised that the Section cannot be reasonably otherwise interpreted than as implying that the same two Commissioners should sit throughout the hearing, however many days are involved. The decision of the Commissioners was thus open to serious doubt as regards its validity, if indeed it was not invalid, and coold possibly be challenged at law.