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The Use of Trade Licences

17th July 1936, Page 23
17th July 1936
Page 23
Page 24
Page 23, 17th July 1936 — The Use of Trade Licences
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Which of the following most accurately describes the problem?

THE situation regarding the employment of vehicles operated under trade licences is by no means clear, particularly in respect of the general type, and it is complicated by the fact that almost any private firm can obtain trade plates on application, merely by setting up a motor department, even if this be only a small repair shop. Some members of the industry consider that the limited and general licences could well be merged into one, but, perhaps, limited in the sense that the persons authorized to obtain them should be bona fide members of the trade. So far as the general licence is concerned, it appears, from the judgment in the Westover Garage case that holders of this form of licence are now prevented from conveying the goods of prospective customers for demonstration purposes if these goods are to be unloaded at a place different from that at which they were picked up. The crux of the matter appears to be that no third party may be allowed to benefit. The absurd situation now exists that if, during a demonstration of a vehicle, the licence holder does some work for a third party, this work must be undone before the demonstration is concluded.

Paragraph (4) of Article D of the Road Vehicles (Registration and Licensing) Regulations, 1924, states that "a vehicle may be used upon a public road under a general trade licence for any purpose connected with the business as manufacturer or repairer of or dealer in mechanically propelled vehicles of the holder of such licence, and so long as such vehicle is bona fide being used for such purpose, the holder of the licence shall not, by reason only that some other or further use is being made of the vehicle, be deemed to commit a breach of these Regulations."

In 1935 an important case concerning the use of general trade plates was won against the Middlesex County Council. It was claimed by the defendant company that so long as some part of the load on the vehicle was constituted of goods which could truly be said to be carried in the course of the holder's business as defined above, then any other class of load could be carried at the same time.

It was announced that a case would be stated, but as the result of investigation this course was not followed, and the position to-day is that vehicles are being freely employed for the delivery of goods under general trade plates, many licence holders considering themselves exempt from prosecution if they carry even a small quantity of goods or materials relating to their work in the motor trade.

At the Mansion House, where the aforementioned case was heard, the licence holder was asked to state whether or not the major use of the motor vehicle was for the motor-trade side, but this information was refused.

In any case, when goods are carried, a C licence is necessary, and in certain examples which have come to our notice goods are never carried for hire or reward, but a delivery charge is sometimes included in the price of the goods.

The Road Link with South Wales

THE project for a road bridge over the Severn, which recently received a setback as the result of a decision of the Select Committee of the House of Commons, must not be permitted to drop.

Such a means for communication, which would cut out the present roundabout road route, would prove of incalculable benefit to a large area of Wales. The tourist traffic, both by coach and private car, would undoubtedly increase rapidly.

The importance of such a link to the goods side of road transport also deserves emphasis. Trade and industry at both sides of the Severn would certainly derive appreciable advantages ; even now, despite the difficulties of the road route via Gloucester, there is a fair volume of road traffic.

The opening up of South Wales might well cause such a stimulation of activity as would actually benefit the railway rather than act to its disadvantage.

In our view it is certain that the bridge will eventually be built. Why not cut out the delay and get on with the work? We are sure that it will be at least one feather in the cap of whatever Government sanctions the scheme.