The Confederation of Passenger Transport UK (CPT) is challenging a High Court decision in which the Humber Bridge Board was authorised, under Tolls Revision Orders dated 1997, 2000 and 2002, to levy tolls on large buses crossing the Humber Bridge.
None of the three orders state that large buses constitute an identified class in respect of which a maximum toll can be specified. However, the High Court judge had ruled that with regard to the 1997 and 2000 orders, the Secretary of State, who had approved the tolls, had intended to authorise a charge for large buses. In those circumstances, he held that the court was entitled to intervene and to read words into the orders.
In the Court of Appeal today Elisabeth Laing, counsel for the CPT, argued that the trial judge had erred in his interpretation of the Secretary of State’s intentions.
In respect of the 2002 order, the judge had held that large buses could be classed as goods vehicles. However, Laing maintained that this interpretation stretched the “language too far”.
She argued that “absent any reference to ‘large bus’ in the order, it was clear that those who had drawn up the order recognised a distinction between vehicles carrying goods and those carrying passengers”.
However, Frances Patterson QC, counsel for the board, contended that it had been open to the judge to adopt the approach that he had and to read the orders as being intended to render all traffic liable to pay tolls.
The hearing continues.
R (on the application of the Confederation of Passenger Transport UK) v Humber Bridge Board Court of Appeal (Auld, Clarke and Jonathan Parker LJJ) 19 May 2003.
Elisabeth Laing (instructed by Pellys) appeared for the appellant; Frances Patterson QC (instructed by the solicitor to the Humber Bridge Board) appeared for the respondent; the Secretary of State did not appear and was not represented.
References: PLS News 20/5/03
