CAB129-53 — Page 133

Transport

15 & 16 GEO. 6 & 1 ELIZ. 2

A.D. 1952 original permits granted to existing undertakings for the use of goods vehicles more than twenty-five miles from their operating centres, and to substitute other permits therefor), shall not have effect, but without prejudice to the operation of subsections (3) and (4) of that section in relation to any substituted permits 5 (within the meaning of that section) granted before the passing of this Act.

Amendments

as to grounds for granting or refusing licences.

8.-(1) In subsection (2) of section six of the Road and Rail Traffic Act, 1933 (which specifies certain matters to which licensing authorities are to have regard in exercising their dis- 10 cretion to grant or refuse applications for licences), for the words

shall have regard primarily to the interests of the public generally, including those of persons requiring, as well as of those of persons providing, facilities for transport" there shall be substituted the words "shall have regard to the interests of 15 the public generally, including primarily those of persons re- quiring facilities for transport and secondarily those of persons providing facilities for transport ".

(2) To the paragraphs of the said subsection (2) setting out the particular matters to which the licensing authority is to have 20 regard there shall be added the following paragraph-

(f) to the extent to which the vehicles to be authorised will further the provision of services under which goods will be carried partly by road and partly by rail without the need for unloading and reloading," and at the end of the said subsection (2) there shall be added the following paragraph-

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"Where goods are contained in a receptacle which is an additional body for a goods vehicle constructed or adapted for the purpose of being lifted on or off the vehicle with 30 goods contained therein, the lifting of the receptacle with goods contained therein on to or off any goods vehicle or on to or off any railway wagon shall not be treated for the purposes of paragraph (f) of this subsection as an un- loading or reloading of those goods."

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(3) Where, under subsection (2) of section eleven of the said Act, the licensing authority takes into consideration any objection to an application for the grant or variation of a licence-

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(a) the onus of proof that there are such grounds for the

objection as are specified in that subsection shall lie 40 on the objector; and

(b) in considering whether existing transport facilities are to be treated as suitable, the licensing authority shall have regard to the relative efficiency, reliability and adequacy of the existing facilities and the facilities 45 which the applicant will provide if his application is

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