OPINIONS and QUERIES Unfair Treatment by Magistrates.
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The Editor, THE COMMERCIAL MOTOR.
[33611 Sir,--I read with interest the letter from Steve Eastmead, Ltd., in your issue of March 10th, and I quite agree with the remarks made therein as am suffering from the same imposition myself. It is cheaper to plead guilty to a charge, of which you are obviously not guilty, and be fined, than waste your money running your lorry to court and spending two or three pounds on a solicitor. Surely it is time that we contractors bound ourselves together to obtain soMe redress in this matter?
London, W.3. THOMAS SIVERS.
The Haulage of Road Material.
The Editor, THE COMMERCIAL MOTOR.
L33621 Sir,—Will you be kind enough to let me know if the charges for the haulage of road-making material are the same now as those published in The Commercial Motor dated May 20th, 1930? If not, I should be glad to receive other rates. I have looked at every copy of your journal since that date, but I
have seen no others. D. SHARPLES. Hereford.
[No figures published prior to December 31st of last year are now strictly applicable. Modifications as the outcome of increased insurance costs and decreased vehicle costs affect them. So far as the particular figures in question are concerned there is in addition a fall in the price of
• petrol. Take the use of a 5-ton solid-tyred lorry as an example.
• The running costs to-day are 6.88d., as against 7.48d. The standing charges are now 1,590d., but the figures in that particular article were calculated on a special basis. To-day they should be modified for the altered conditions and the charge should be at the rate of 4s. 4d. per hour and 7d. per mile. That would mean that, taking the 12-mile radius as an example, the loading time would cost 6s. 6d.; travelling time, 10s. 10d.; running 14s.; total, 31s. 4d., which is es. 3d. per ton, as against 5s. 10d.— S.T.R.1
Using a Trailer with a Light Vehicle.
The Editor, THE COMMERCIAL MOTOR.
[3363] Sir,—I have a Manchester 30-35-cwt. lorry and I find that I want to carry more on it than it is supposed to carry; would you therefore tell me what effect it would have if I used a 1-ton trailer and if it would be an economical way of tarrying a bigger load? H. J. PURSER. COokhara Dean.
[The principal effect of the use of a trailer in conjunction with your lorry would be the reduction of the maximum legal speed to 20 mph, That might be a good thing in itself, as it would prevent the over-stressing of the chassis resulting from its use with a trailer at normal speeds. So far as costs are concerned, there will be, besides the
cost of running the trailer itself, which will be small, the extra tax, which is £6 per annum, a little extra insurance and possibly more garage rent. Your petrol and oil consumption may increase as much as 20 per cent., chiefly because of the additional low-gear running. There will be increases in the other items of running cost probably to the extent of about 5 per cent.—S.T.R.1 The Use of Tractors and Trailers Under the New Act.
The Editor, THE COMMERCIAL MOTOR.
[3364] Sir,—As you will remember, I wrote to you on the subject of trailers on September 1st, 1930, to which you replied stating that it would be necessary to have a second person, but you added a P.S. about: the Minister of Transport modifying certain Sections of the Act. Do you think the Minister is likely ,to make any further modification of the Regulations issued on January 10th, 1931? If not, it looks to me as If I had better go into the matter of whether we ought not to sell our vehicles.
We now have the new Act (Section 17, para. 2), and the Motor Vehicles (Construction and Use) Regulations, 1931, dated January 10th, 1931, Section 77, which makes this matter fairly clear, that it is necessary to have an attendant on a trailer, either twowheeled or four-wheeled, when being drawn by a motor tractor for any purpose except the few specifically exempted.
I have been in touch with the C.M.I.T.A.. and this association gave me a ruling over the telephone, before these regulations came out, that provided the trailer brake had its operating lever fixed on the tractor for operating the trailer, it would not be necessary to have an attendant on the trailer, but it looks as if Section 77 of the Regulations is quite separate from Section 76, and I do not quite see how we, who are carrying bags of coal on three two-wheeled trailers and three fourwheeled trailers, both types being drawn by Fordson tractors, can obviate having a second man in each ease. As there is no means for carrying this second man on the tractor, it will be necessary to leave room for him on the trailer. This will mean diminishing the load and adding the man's wages to the cost of transport, and I think in both cases will kill this method of trans port for this particular work. COAL TRANSPORT.
[We are unable to express any opinion as to whether the 1V1inirter is likely to make any further modifications with regard to they carrying of a second person upon tractors.
We agree with your view that Section 77 of the Regulations is quite separate from Section 76. The objects are entirely different. Section 76 deals with the application of trailer brakes, whilst Section 77 modifies the provisions of Section 17 of the Act with regard to the number of persons to be carried on motor vehicles for the purpose of attending to the trailers.
There appears to be no doubt but that under the Act and the Regulations which are now in force, a tractor such B39 as a Fordson, which cannot carry a person in addition to the driver, cannot be/ used for drawing a trailer unless a person be carried on the trailer, and that the position is not affected by the fact that the driver can readily operate the brakes of the trailer as well as the brakes of the tractor.—Rol
Carrying a Football Team in a Lorry.
The Editor, THE COMMERCIAL MOTOR.
[3365] Sir,—I drive a 3-ton commercial vehicle and am occasionally called upon by my employers to transport the firm's football team to matches.
Of course, I am pleased to do this, but would • appreaate your views as to whether the vehicle is legally taxed for this and whether the insurance is
effective while on such a job? M.P. London, N.15.
[(1) The position of the taxation of commercial vehicles which are used for the conveyance of sports teams by permission of the employers and without payment, is not entirely free from doubt, but it appears that such vehicles are correctly licensed on the unladen weight as goods vehicles, and that no additional duty is payable by reason of their use for carrying such persons.
(2) Where a sports team is carried without payment it is not necessary to insure against liability for injury to the passengers. The insurance company should, however, be notified that the vehicle may be used for such purpose, and a note to that effect should be endorsed upon the policy by the insurance company.
(3) The Road Traffic Act provides that where a person uses or allows to be used without reward for carrying eight or more persons as passengers any motor vehicle ordinarily used for the purposes of agriculture, trade or business, then except where the persons so carried are workpeople being carried in the course of to or from their employment, the vehicle shall be treated as if it were a contract carriage, and the provisions of Part 3 of the Act and the Regulations made thereunder apply to it.
This means that a vehicle which is ordinarily used for the purposes of trade or business may not be used for carrying more than eight persons to a sports ground, unless the owners of the vehicle obtain from the Traffic Commissioners a certificate of fitness and a public service vehicle licence for each vehicle which is to be used for that purpose. A fee of £3 is payable for the certificate and a similar fee is payable for the licence. It also appears necessary for the driver to obtain a licence from the Commissioners to act as driver.—En.]
Drivers' Hours on Express Carriages.
The Editor, THE COMMERCIAL MOTOR.
[3366] Sir,---After reading your legal experks article on the Road Transport Act in a recent issue of The Commercial Motor, and in view of the controversy regarding the clauses of the above Act concerning drivers' hours, it occurred to me that if I gave you a brief outline of our working you may be able to assist me in knowledge for which I am seeking.
We are a very small firm, operating only three coaches, and these vehicles are used only for pleasure tours ; outings, private parties, etc., automatically come into this category, but we do not run services of any description. An average day for one of our drivers during the height of the season is set out as follows, and, as you will observe, it is not heavy, although the driving hours exceed those laid down in the Act : 7 a.m.: load from Bournemouth to Lymington for I.O.W., leave passengers and return to Bournemouth by 10 a.m., driver having had a break at Lymington for breakfast.
10.45 a.m.: morning tour of about 25 miles with half an hour's halt, arriving back at 1 p.m. for lunch.
2.30 p.m.: afternoon circular tour of approximately 50 miles, returning by 6.30 p.m., allowing about an hour's break for tea.
6.30 p.m.: coach goes out to Lymington to meet passengers returning from the I.O.W. and conveys them to Bournemouth, reaching the last-named place at 8 p.m.
Now, I would like to point out to you that this I.O.W. B40
tour is probably the,most popular dak tour from this disrrict and often necessitates sending up two loads per day during the height of the season, so you will appreciate that this means two of our three drivers being on duty at 7 a.m. Our third man will, in all probability, be detailed for our Cheddar tour, which necess:tates him being on duty at 8 a.m. This latter tour covers some 158 miles, arriving back in Bournemouth at 6.30 p.m., out of which time the driver gets rest of approximately four hours at the various halts for refreshments and sightseeing.
We small firms are not in a position to load ourselves with the expense of a spare driver. Fares are disgustingly low owing to competition and a standard set by larger concerns. Working to capacity, as I have endeavoured to show you herein,sis the only way that during our short period of operation (Easter to September) we can make the business at all worth while.
Anotherspoint that we are up against is this : Frequently, in the case of a private outing, the party will arrange a tour, for instance, to Windsor, roughly 180 miles ; they wish to leave at 7 a.m. (in order to get the benefit of a long day) and return home between 11 and 12 midnight. You will realize that on a tour of this mileage it is impossible for the driver to be at his wheel for n hours, and he has ample time for a three or four hours' rest or sleep at Windsor if he cares to avail himself of the opportunity. Under the clause I am discussing this man breaks the law by being on duty too many hours. On a Saturday, we will say, for argument's sakeNnd allowing him half an hour to garage his car, he cannot come on duty until 10.30 a.m. on Sunday morning, and if we have the whole of our fleet on these outings, as we frequently do, we shall have to forgo a morning's business on Sunday, which may amount to £5 or £6. This means a very serious financial loss to us at the end of the year.
I quite understand from your valuable article that you anticipate modifications to these particular clauses, so perhaps you can suggest some organization with which I could get into touch that would carry some weight in argument during the intervening month before this part of the Act comes into operation.
Whilst realizing that this section has been drawn up mainly for the safety of passengers travelling on service coaches, where drivers have undoubtedly been driven to exhaustion, it hits many such firms as our selves in a very unfair way. COACHES. Bournemouth.
.[In reply to your recent letter, we would point out that, as■ mentioned on page 4 of The Commercial Motor for February 17th, the Minister of Transport has recently received a deputation to discuss the question of the hours of driving passenger vehicles.
Although no formal announcement has yet been made, it appears possible that in the case of express carriages, such as your vehicles, it will be sufficient, if a driver has at least 4 hours' rest at the place of destination, for him to have eight consecutive hours of rest during the 24 hours from the time when he starts to drive,4instead of 10 hours as required by Section 19 of the Act, provided that this modification does not apply more frequently than two days in any seven, or three days if the seven include a bank holiday.
This would enable a driver to start at 7 a.m. arrive at the destination at 12 noon, start back at 5.30 p.m., arrive back at 10.30 p.m., spend half an hour garaging his car and rest from 11 p.m. until 7 a.m.
We suggest that you should get into touch with The Commercial Motor Users Association, 50, Pall Mall, London, S.W.1, which is one of the organizations which were represented upon the deputation to the Minister. Another very live concern is The Motor Hirers and Coach Services Association, 72, Gt. Portland Street, W.1.
We would point out that although you run only pleasure tours, outings, private parties, etc., youi vehicles will be subject to the provisions of the Road Traffic Act. and will be treated as express carriages, for which you will require certificates of fitness, public-service vehicle licences and road-service licences. You should therefore study the statement recently issued by the Minister of Transport, which appears on page 28 of The Commercial Motor for February 17th.—En.]