Observations on the New Legislation
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Some Interesting Fads Regarding the Operation of the Road and Rail Traffic Act, as Elicited at a Meeting with the Minister of Transport
By the Editor
THE Minister of Transport recently asked The Commercial Motor to submit to him, in writing, questions on certain points in the Road and Rail Traffic Act regarding which there exists some doubt, and we were invited to meet him last week, when, before a gathering of representatives of the Press, he made a general statement respecting the new legislation.
A notable remark made by the Minister was that he based more hope upon the work of the Transport Advisory Council than upon almost any other section of the Act, as it is being sat up to face the responsible task of advising how transport can be better planned for the promotion of the economic efficiency and well-being of the country. A long list of names has already been submitted, and he hoped that the constitution of the Council would be announced before February.
Differences Between the Three Licences.
He emphasized the differences between the three classes of licence, A, B and C, because a certain amount of confusion still exists in the minds of operators; for example, many fail to understand that, whilst no vehicle may appear on more than one of the new licences, a user may hold all three.
The Class A, or public carrier's licence, which runs for two years and costs .30s. per vehicle (i.e., 13s. per
annum) will entitle the holder to use the. authorized vehicles for the carriage of goods for hire or reward, but not for any business of his own, other than the carriage of goods.
The Class B, or limited carrier's licence, runs for only one year and costs 20s. per vehicle. This permits the holder to use the authorized vehicles for the carriage of goods for hire or reward or for his own goods.
Broadly speaking, a Class A licence will permit a public carrier to use his vehicles in any part of the country and for the carriage of any class of goods. On the other hand, a Class B licence, whilst permitting the limited carrier to transport his own goods of any nature anywhere, may restrict him, so far as concerns the carrying of other people's goads, to certain districts and to particular classes of loads.
The Class C licence, for the private carrier, costs 7s. 6d. per vehicle, and as it runs for three years the annual cost is 2s. 6d. per vehicle per annum. This
will entitle tha holder to use the authorized vehicles solely for the carriage of goods in connection with his
own trade or business; only in a few isolated cases will he be able to carry for hire or reward goods belonging to other persons.
Private carriers will be allowed to operate the numbers of vehicles for which they ask, and so long
as they continue to observe the general statutory conditions, they run no risk of revocation of a licence or refusal of a renewal at the end of the three years.
The first really important dale concerns the application for a Class A or Class B licence, This is April 1, n30 and if application be sent in by that date, the public or limited carrier has a right to claim a licence for an unladen tonnage equivalent to that which he owned or operated at any time during the basic year ended March 31, 1933; but that right is not transferable. It relates only to the tonnage which was used in that year by the person making the application. If a firm has changed its constitution by being converted into a limited liability company or by a change in partnership since the basic year, the right to "claimed" tonnage has gone. Although it will be proper for the licensing authority to consider all the circumstances, the Minister observed that he had no power to make regulations or to give directions to the authority to allow " claimed " tonnage to any person not entitled under the Act.
The application of public and limited carriers for " discretionary " tonnage will present a different problem. This is a term used for tonnage above that which an existing haulier may claim, and for any for which a newcomer may make application. The Act gives other operators of transport by road or otherwise the right to object to applications for " discretionary " tonnage. As such cases cannot be disposed of by a stroke of the licensing authority's pen, it will become illegal, when the Act is brought into full operation, to use on the roads goods vehicles that are not covered by a licence under the new Act, so that the authorities must have reasonable time for considering these " discretionary " applications. The Minister will, therefore, not bring the Act into full operation before July 1.
That part of the Act embodying the provision which enables a certifying officer or vehicle examiner to prohibit the use do& a goods vehicle which is unfit for service and involves the risk of public safety, is in operation, but certain arrangements must be made before this work can be effectively commenced. The Minister stated that he would give warning through the Press before authorising the Traffic Areas to issue prohibition notices.
Parts of the Act Already in Force.
The provisions of the Act concerning drivers' hours and vehicle loads are already in force. The Minister is appointing the additional staff required in this connection. Offences in this connection will form breaches of the conditions of the operator's licence, and if wilfully or frequently made will seriously endanger his position. They concern all motor vehicles covered by the licensing system, and not merely the vehicles of public and limited carriers. The Minister stated that it was his desire and intention that the records of journeys and loads which will be required shall be, so far as possible, those which any efficient operator and good employer would, in any case, require to keep for the purpose of his own business. These records are to bring home to all concerned the necessity of complying with
the requirements of the statutes regarding drivers' hours and loads, for the new Act provides machinery for the more effective enforcement of the provisions of the 1930 Act in these respects.
It is important to remember that the time for rest and refreshment which must follow every 5 hours'. spell of driving must not be less than half an hour, and if the driver has to spend time in attending to the vehicle or load, make adjustments or repairs, or load or off-load, the time so occupied will count as driving time. The driver, however, may ride on the vehicle as a passenger during his half-hour's rest period.
Referring to the matter of weak bridges, the Minister pointed out that Section 30 of the Road and Rail Traffic Act improves the position of the road user in so far as it provides that where an appeal is made to the Minister against restrictions imposed upon the use of a bridge, he may have the bridge inspected and require the bridge authority to give such information as to its structure and condition, and such facilities for investigation as may be practicable. The right of appeal under the previous provisions lost much of its value because he onus of proving the 'bridge was capable of carrying greater weights was on the appellant.
A further new provision in this Section is that one month's notice of any proposed restriction on the use of a weak bridge is required to be given to the Minister, and a list of all bridges upon which restrictions are imposed must be kept open to public inspection.
In a recent leading article we pointed out that bridge authorities, including the railways, could give preferential treatment to vehicles in respect of the use of any restricted bridge, and thus could run their own vehicles over them whilst restricting those belonging to their rivals. The Minister agreed that this was true. We then asked him whether evidence that this had been done would be taken as proof that a bridge was capable of carrying loads greater than those to which it was restricted. The Minister replied that it would he most unwise for a railway to run over restricted bridges vehicles heavier than those permitted by the restrictions, as it would give stronger force to any appeal. He referred to the series of conferences which have been convened by County Councils and other local authorities between bridge authorities and road-transport operators' (two conferences, incidentally, were not attended by railway representatives), and he promised that in considering expenditure from the Road Fund he would give urgent priority to demands from highway authorities for the purpose of strengthening weak bridges.