Need for Maintenance Margin Disputed
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HOW far does Regulation 15 (1) of the Motor Vehicles (Licences and Prohibitions) Regulations supersede the n,eed for a hiring allowance for maintenance purposes? This question was discussed at a Liverpool sitting of the North-Western Deputy Licensing Authority, last Friday. Mr. W. L. Roebuck, 3, Radnor Avenue, Heswall, Cheshire, applied for a renewal of his
B licences for eight vehicles and his hiring allowance of 2 tons.
Mr. V. R. Shepherd said that Mr. Roebuck was substantially a haulage contractor, but as he did a certain amount of sand and gravel carrying, he had taken out B licences. Apart from the hiring allowance, he had no vehicles idle, and kept his hiring allowance purely for maintenance purposes.
On behalf of the railways, Mr. G. H. P. Beanies said their objection was mainly directed to the hiring allowance. The question was whether a hiring allowance for the purpose mentioned was now necessary, in view of Regulation 15 (1).
Mr. Shepherd replied that Mr. Roebuck's vehicles were working to capacity and he had no margin apart horn the hiring allowance.
In the applicant's case, when a breakdown occurred, he was obliged to put his hired vehicle on the road almost immediately, and this could not be done if he had to wait for sanction under Regulation 15 (1).
Sir William Hart asked whether the Minister of Transport had not provided that Regulation in order to relieve the Authority of the necessity of deciding the appropriate margin for overhaul and repair?
Mr. Shepherd answered that, in this particular case, he did not think so, because Mr. Roebuck had had this hiring allowance granted to him under the Act for a particular purpose and had used it only for that purpose. What the Authority was asked to do was to say that Regulation 15 (1) overruled Section 6 (2) of the Act (which deals with the same question) and, in his submission, that could not be maintained.
Sir William Hart: "No, I don't think that. It simply provides a means for carrying out that Section."
Sir William agreed that the applicant should have the facilities, but before he decided it, he would inquire at the office as to how long it took to put through an application under Regulation 15 (1).
The renewal of the B licences for eight vehicles was granted, and decision in the case of the hiring allowance reserved.