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Written Evidence was Not Acceptable
Page 52
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• Tribunal "in a fog" about .customer's business AORE particulars should have been 'VI given by a witness at a public inquiry, the president of the Transport Tribunal, Sir Hubert Hull, said when he dismissed an appeal by H. S. Williams (Haulage), Ltd., of Whitchurch, near Ross-on-Wye, last week. The company were contesting a decision of the West Midland Deputy Licensing Authority who had refused their application to add two 74--ton vehicles to. an A licence with the user "mainly building materials normally within 150 miles of base."
Giving the Tribunal's decision, Sir Hubert said that because of illness, one customer witness was unable to give verbal evidence at an adjourned public inquiry last year.
. The company carried mostly steel from South Wales. but after the steel recession last year they decided to extend their activities. The inquiry showed that the only building materials they intended to carry were bricks for two manufacturers —one at Cinderford and the other at Bedworth, near. Coventry.
The Tribunal, he said, considered that the kind of statement made in writing by the witness who fell ill ought not to carry a great deal of weight because some of the statements made would have been the subject of cross-examination.
They considered .that the whole case depended on the evidence of the cus-tomer who appeared at the inquiry, but the Tribunal did not consider him a reliable witness and took the view that there should have been more particulars.
"We are left in a fog about his business," added Sir Hubert.