Transport Act, 1944

Extension of operation of merchandise (existing carriers') licences.

116.—(1) Where the Minister is of opinion—

(a) that the areas specified in a merchandise (existing carrier's) licence do not fairly represent the areas in which the licensee carried on a merchandise road transport business before the grant of the licence, or

(b) that the classes of merchandise specified in a merchandise (existing carrier's) licence do not fairly represent the classes of merchandise carried by the licensee in the course of the merchandise road transport business carried on by him before the grant of the licence, or

(c) that, for the removal of hardships, the operation of a merchandise (existing carrier's) licence should be extended to a minor extent,

then, notwithstanding anything contained in the Act of 1933 but subject to subsection (2) of this section, the Minister may amend the licence to such extent as seems to him fair and reasonable having regard to the circumstances of the case.

(2) The Minister shall not amend a merchandise (existing carrier's) licence which authorises the carrying on of a merchandise road transport business in respect of one commodity and no more, or amend a merchandise (existing carrier's) licence which authorises the carrying on of a merchandise road transport business in respect of a particular class or classes of merchandise dealt with in the course of a particular trade or industry so as to authorise the carrying on of a merchandise road transport business in respect of any class or classes of merchandise not dealt with in the course of that trade or industry.