Licensing Problems Elucidated
Page 45
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A Scheme Which Would Not Be Legal.
(117) QUESTION : Would a milk retailer, who is operating under a Class C licence, be in order in collecting his milk from the farmer and receiving an
allowance of one penny per gallon for haulage? A local carrier who is interested considers that this procetire would deprive him of legitimate business.
ANSWER: It would not be correct for a milk retailer running under. a Class C licence to operate in this manner, because, in effect, he would be carrying for him or reward. Such work would have to be performed under a Class B licence, as he would be acting as a limited carrier. He could, of course, collect his milk without payment for its carriage.'
.Big Fleets and Identity Certificates. (118) QUESTION: As makers of a%licence holder for Class A and B certificates, we approached a company controlling a large number of vehicles, but we were told that, owing to the extent of the fleet, the company would not be compelled to fit such licence holders and carry certificates. We cannot find anything in the Regulations to this effect.
ANSWER: According to the Act, every vehicle authorized under a Class A or Class B licence must carry an identity certificate in a waterproof container in a conspicuous place on the near side of the vehicle.
It is only in the case of Class C licences that a vehicle is not required to carry this. Then it must have either a letter "C" and the identification letter and number of the licence in a conspicuous place on the near side, or the name and address of the licence holder in a conspicuous place on the side or back of the vehicle.
It is possible that some big users may have come to some informal understanding, but we have not heard of this being given any official sanction. In any case, the obligation does not come into force until October 1.
A Client's Request for More Tonnage Capacity.
(119) QUESTION My business includes that of haulage contracting for a coal merchant. Some months ago I applied for a Class A licence for two vehicles. This vas granted about three weeks ago. I now find it necessary, however, to put another lorry on the road, following a request from the coal merchant for more loads to be carried. I also wish to replace one vehicle 1-tonner) by another of larger capacity. I have interviewed the licensing authority and am informed that it would be unwise to purchase more vehicles, as I shall find difficulty in obtaining licences. Can you advise me as to the best course to take?
ANSWER: The only way in which you can be certain of obtaining another vehicle is to make a contract with the firm for which you are working. This must be for at least a year, and the vehicle must not be used for any other purpose. You can then apply for .claimed contract tonnage, which must be granted. The same thing applies in respect of changing your 1-tormer for a larger vehicle, because you may have difficulty in obtaining the extra tonnage if applied for in the ordinary manner as discretionary.
Selling a Haulage Business.
(120) QUESTION: Kindly inform me as to whether a haulier may sell his business, and if there is any difficulty in connection with the transfer of licences.
ANSWER: In reply to your inquiry, carriers' licences are not transferable, and the purchaser of a business would have to obtain fresh licences for the vehicles concerned.
It has been pointed out, however, that experience in connection with the licensing of passenger-carrying vehicles has shown that no great difficulties exist in the matter of the sale of a business and, therefore, there is no doubt that under the Road and Rail Traffic Act the sale of a road-haulage business could be carried through in a similar manner. It is a matter that must be taken up with the Traffic Commissioners.
Transferring from Class A to Class B.
(121) QUESTION: Having a 2-ton lorry which 1 use for haulage, I applied for a Class A licence, but have not yet heard the result. Recently, however, I acquired a coal business, which means utilizing the vehicle in my own transport work. May I now apply for a Class B licence instead of a Class A?
ANSWER: In view of the circumstances you will certainly be permitted to make an application for a Class B licence instead of a Class A, although, of course, when employed for general haulage under a Class B licence your vehicle may be subject to certain restrictions as to area covered.
You do not say whether you applied for " claimed " tonnage before April 1. If so, you should make certain that you do not lose your claim through making the alteration referred to.
Seasonal Licences : A Misapprehension.
(122) QuEsrioN: .1 have applied for a Class B licence for a 2-tonner and have since written to the Eastern Traffic Area Commissioners asking for form GV6 to make an amendment, at the same time requesting them to send form GV8 for seasonal work, this being the cartage of sugar beet and pulp. I am under the impreseon that I must hold a short-term licence for the haulage of beet, in addition to the Class B licence. Can you inform me on this point? ANSWER: You do not require a short-le in licence for the haulage of sugar beet as you already have your Class B licence, unless the latter is specifically limited to certain loads excluding the beet. No vehicle can run under two classes of carrier's licence. Therefore, if this restriction applies to your Class B licence what you will have to do is to ask for it to be removed. Short-term licences are really for extra vehicles which are to be used for seasonal or other special work, permitting the use of additional vehicles where needed.