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Aviation History
1952
1952 - 0048.PDF
I<> FLIGHT THE INDEPENDENT AIR OPERATOR A Short History of the "Associate Agreement" Era: Building for the Future By DAVID JOHNS WHEN, in June 1948, Lord Pakenham succeeded Lord Nathan at the Ministry of Civil Aviation he found that outstanding among the various problems awaiting his attention was the necessity of providing air transport in areas not served by the Corporations. He de cided that an investigation should be made into the whole problem in the light of the Civil Aviation Act as it then stood—especially with a view to the operation of routes by private operators, who were then restricted entirely to charter work. The Minister asked Marshal of the Royal Air Force Lord Douglas of Kirtleside to undertake the investigation. Al though the findings, which became known as the Douglas Report, were never published, the Minister decided—per haps as a result—that further scheduled operations by pri vate operators were necessary; on January 29th, 1949, he made a statement in the House of Lords that such firms would be allowed to fly scheduled services in areas not served by the Corporations. In his statement Lord Pakenham pointed out that, under the Civil Aviation Act, the services operating out of this country were reserved for the Corporations and their "Associates"; therefore, in accordance with the Act, it would be necessary for the independent operator wishing to pro vide air services to become an Associate of the Corporation whose sphere of influence was affected. He stated that as several operators might apply for the same route, the ser vices of an independent body would be required to advise him which company or companies should operate, and he had therefore asked the Air Transport Advisory Council, under the chairmanship of Lord Terrington, to undertake the task. In conclusion, the Minister pointed out that although the Council would consider each application and make its recommendations, the final decision would rest with him; therefore, to assist and to guide it along the lines of Government policy, he would issue a directive. This directive to the Council pointed out that when ser vices were recommended consideration should be given to the cost of supplying ground and navigational facilities, and that, if such additional expenditure seemed necessary, recommendation of the route should be avoided. He also laid down that the Council should have the right to fix the maximum and minimum fares to be charged, but that in general the fares should not be less than those charged by the Corporations, except by agreement with them. Pro- Another class of independent operation, not dealt with in this article, is charter work. Among firms engaged in it is the Hunting organization, one of whose Bristol Freighters—operated by Hunting Aerosurveys, Ltd.— is seen waiting to receive a bulky cargo. NOW that the election of a new Government presages a happier relationship between Britain's air-transport operators and the State Corporations, this review of the past three and a half years of commercial aviation in and around these islands under " Associate Agreements " is of value for the record; secondly, it defines the starting-point—the relevant sections of the Civil Aviation Act as they stand today—from which any changes will be made; and, thirdly, it indicates how the experience which the independents have been accumulating on " Associate " routes will fit them for any new and greater responsibilities they may be given. The author has had a close professional connection with the two sides of the subject concerned. vision was also made for the submission of applications to the Corporations for comment, and also that any company granted permission to operate should not employ its staff on terms less favourable than those offered to the employees of the Corporations. Finally, the Council was directed not to recommend the granting of an Associate Agreement for more than two years at a time. The Air Transport Advisory Council was constituted in accordance with Section 26 (i) of the Civil Aviation Act, 1946, and the Civil Aviation (Air Transport Advisory Council) Order 1947; it was to consider, firstly, any repre sentations from the public about the facilities provided by the three Corporations and the charges made for them and, secondly, any questions concerning air transport which the Minister might refer. It was, therefore, under this second category that his decision was made. The Council consisted of a chairman, four members and a secretary. Later, in view of the new commitments, it became necessary to appoint an assessor. Faced with a new, difficult and far from enviable task, the Council called for applica tions; and in 1949 it received 231. During that year it held some 17 meetings to consider the applications and also received deputations from various regional bodies, from the British Air Charter Association and from B.E.A. The Corporation was asked to submit its comments, and the views of the four Advisory Councils from Scotland, Ulster, Wales and the Channel Islands, as well as of the British Transport Commissions, were sought. As a result of their efforts in 1949, the Council recommend ed 59 ordinary scheduled services and 26 "inclusive tours." The balance of applications were rejected on the grounds that (a) the service was in direct competition with the Corporations, (b) the company lacked operating experience, (c) the route had already been allocated to another company, (d) the route involved a breach of the Anglo/Eire agreement and/or (e) the places to be served had inadequate ground and navigational facilities and that their provision would have involved extra national expenditure. Of the applications forwarded, the Minister rejected two; one concerned an international service which, he felt, involved questions beyond the Council's competence, and the other dealt with the operation of a service by Scottish Aviation, Ltd., from Aberdeen to Belfast via Perth and Prestwick; this latter application was opposed on the grounds that the Prestwick-Belfast sector directly competed with the Corporation's own Renfrew-Belfast service, but as a com promise it was suggested that Scottish Aviation could operate from Aberdeen to Renfrew via Perth, to connect with the B.E.A. service to Renfrew. The Council, however, did not agree with this view and recommended that the company be granted the traffic rights over the whole route. After due consideration the Minister exercised his prerogative and upheld the Corporation's view. Scottish Aviation did not operate the sectors granted them. The Minister, evidently satisfied with the results of the operations, extended the scheme into 1950; again the Council called for applications, and this time they received 177. After 15 meetings had been held, 96 applications were
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