AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

New Formula for Coach Hire Work

17th December 1954
Page 62
Page 63
Page 62, 17th December 1954 — New Formula for Coach Hire Work
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

Road Traffic Bill Omits "Special Occasion " : Speed Loophole Closed : Compulsory Testing of Vehicles : Second Reading Next Week

ANEW formula for contract-carriage work, from which the ambiguous term "special occasion" is omitted, is included in . the Road Traffic Bill published last week. Private parties of churchgoers will be allowed to be advertised.

The loophole in the law by which goods vehicles weighing under 3 tons unladen, when carrying no load, may exceed 30 m.p.h. outside a built-up area, is to be closed. .

The Bill . is aimed at increasing safety, relieving congestion and removing certain anomalies in present legislation. The first object will be achieved partly by giving the Minister of Transport powers to start the compulsory testing of vehicles. These powers are unlikely to be used for some time, because means for doing so do not at present exist. The Government are, however, soon to set up a pilot testing station and their policy on the subject of tests will be based on the experience gained.

Some control is to be exercised over pedestrians, and cyclists will be liable to penalties for reckless, dangerous or careless_ driving. Heavier penalties will be imposed for certain driving offences and power of disqualification is to be extended.

The Bill is being taken first in the House of Lords, and will have its second reading there next Tuesday. The Earl of Selkirk will be in charge of it.

Regulations made under Section 25 Where separate fares are charged on a vehicle carrying fewer than eight passengers, the journey "must be made on the occasion of a race meeting, public gathering or other like special occasion." [This provision will restrict competition by hire-car owners with coach operators]

Where not more than four passengers are carried at separate fares, the agreement to do so must not have been negotiated by the driver or the owner of a vehicle, by the person who has let the vehicle on hire or by anyone who receives remuneration for the arrangements, although the driver or owner may make the agreement if the passengers are not being carried in the course of the business of passenger transport. [This provision allows a private-car owner to share expenses with his passengers.] The journey must not be one on which passengers are cal-red at separate fares frequently. or as a matter of routine in the same vehicle or vehicles (other. than vehicles used under a road service licence) belonging to the same owner, or belonging partly to one person and partly to another who is party to a hire agreement, or hire-purchase agreement, in respect of any of the vehicles.

A coach owner must not use a vehicle for a journey made in conjunction with, or in extension of, a service provided under a road service licence.

c24 The loophole in the speed-limit law is closed by repealing Section 8 (I) of. the 1933 Act and re-enacting its provisions in the new Bill. At present. observance of the law on the maintenance of vehicles in a fit condition, limits of speed and weight and the loading of goods vehicles, drivers' hours and the keeping of records is a condition of every A, B or C licence. When a goods vehicle is on a journey not requiring a licence, however, it does not have to comply with the conditions, including (if it weighs less than 3 tons unladen) the speed limit.

Under the Bill, these requirements will no longer be licence conditions, but they will be enforceable at all times, whether the vehicle,; is carrying goods or not. A licence may be revoked or suspended if "the holder of the licence or any servant or agent of his" has been convicted of an offence against these provisions. The use of a prohibited vehicle also courts suspension or revocation of a licence—a new provision. The offences must, however, have been frequent or wilful, and if the operator requires it, the Licensing Authority must hold a public inquiry.

Public service vehicles, trolleybuses and trams are exempt from the, provisions on the compulsory testing of vehicles. The Government take power to appoint examiners and set up testing stations. An appeal may be made to the Minister if a test certificate is refused.

Ambiguities Removed .

Ambiguities in the definitions of public service vehicles and of stage, express and contract carriages have beers removed. A public service vehicle is now defined as a "motor vehicle used for carrying passengers for hire or reward which either (a) is carrying passengers at separate fares or (b) is not carrying passengers at separate fares, hut is adapted to carry eight or more passengers." A motor vehicle does not include a tram or a trolleybus.

A stage carriage is "a public service vehicle carrying passengers at separate fares, not being an express carriage." The definition of an express carriage is a public service vehicle carrying passengers at separate fares, none of which is less than Is. A composite fare for more than one journey is not the aggregate of fares of any less amount and no account shall be taken of children's, -workmen's, or students' concession fares if a fare of Is. or more is . charged. to all other passengers. The sum of ls. may be varied by regulation.

A contract carriage is a public service vehicle not carrying passengers at separate fares, but these may be charged if each of the passengers making the journey was outside Great Britain when the arrangements were made, or if the following conditions are fulfilled:—

Contract Carriage Conditions (a) A party must not be formed by the public service vehicle licence holder, the driver or owner of the vehicle, the person who has let the coach for hire, anyone acting on behalf of those persons, or by anyone who receives any "remuneration" in respect of the arrangements.'

(b) The journey must be made • without previous advertisement to the public, but a notice may be displayed, or an announcement made, at or in any place of worship in the manner normally adopted for the information of worshippers, or in a church magazine.

(c) All the passengers must, in the case of a journey to a particular destina• tion, be carried to, or to the vicinity of, that destination, or in the case of a tour, be carried for the greater part of the journey.

(4) Where a particular destination is being visited, the passengers must not

include anyone who frequently or as a matter of routine travels at or about the time of the day at which the journey is made to. or to the vicinity of, that destination from a place from, or through which, the journey is made.

(e) No differentiation of fares for the journey on the basis of distance or time must be made.

(f) The licence holder must make a record of particulars, other than fares, relating to the journey and the circumstances in which it was arranged.

(g1 The driver must carry a work ticket and, if required, produce it to a police constable in uniform or an enforcement officer.

(h) The record must be preserved for six months and produced for inspection if required.

Cyclists Controlled Cyclists who are guilty of reckless. dangerous or careless riding are placed on the same footing as motor drivers. A pedestrian who disregards a policeman's direction to stop when traffic is being controlled will be liable to a fine not exceeding £20 on a first conviction and £50 on a subsequent conviction.

The Minister will be enabled to make local experiments in the control of pedestrians at certain pedestrian crossings. The time limit for the submission of a scheme for zebra crossings is removed and additional markings will be authorized.

A local licensing authority will be able to refuse a provisional driving licence to anyone who has had one within the preceding 12 months and does not seem to intend to take a driving test within a reasonable time. The period of the validity of a provisional licence is increased from three to six months, and its cost from 5s. to a sum not exceeding 10s.

Instead of depending on annual renewal by Parliament. the 30 m.p.h. speed limit in built-up areas will become permanent.

On application by a local authority, the Minister is permitted to authorize charges for parking on highways in the Metropolitan Police District. Parking meters will be made legal. The money collected is to be used to provide parking space off the highway. The Minister may extend these arrangements to other areas.

Heavier Penalties

Penalties for certain driving offences are increased (see accompanying table) and provisions as to disqualification from driving are made more stringent. The effective period of disqualification will not be reduced where disqualification is suspended pending an appeal.

Police may take possession of driving licences which have been revoked or which they believe to have been improperly obtained.

It will no longer be necessary for a police officer to wait until the owner of a parked vehicle returns to discover his identity.

Licensing Authorities for Public Service Vehicles will assume their former title of Traffic Commissioners.


comments powered by Disqus