Q We frequently use driv

24th September 1976, Page 254

24th September 1976

Page 254

Page 254, 24th September 1976 — Q We frequently use driv

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from employm( agencies for odd days.

We believe that as we do pay the driver's wages, he is in our employ but in that of i agency as a sub-contractor us. Surely, then, the ager should provide drivers with th log book and we men counter-sign it as a seco employer during the subsisten of that log book.

If the drivers are deemed be in our employ, it is expensi because, say 10 drivers in o week each working only one d and each require a log book which they only use one pag Next week we have differe men all requiring 10 log book.

Could you confirm that the. drivers are in the employ of ti agency for the purpose of V Transport Act?

AThis is a matter which h arisen from time to tin since the advent of operatoi licensing and the employme of agency drivers. There is si no satisfactory ruling on tl matter.

However, it has been he that whoever pays the drivi must be the holder of tF operator's licence. B employment agencies do ni hold such a licence and if yoi interpretation were correct the both you and the agency coul be held to be operating good vehicles without an operator' licence.

To get over this difficulty, th trade associations have in th past advised their members t, issue the driver with a writtei statement that he is temporaril. in their employment.

The expense involved ii issuing driver's record books i. well understood especialh when the agency changes thi personnel it hires to yoi regularly. Nevertheless, this is situation which has to be facec if agency drivers are use( regularly and in large numbers Over a period of time, th( expense can be met in SOME measure by re-issuing used loc. books but these have to be kep. for the statutory period of Si) months before re-issue is possi• ble.

Alternatively, you might be able to persuade the agency to allocate drivers to you on a regular basis When you require them.

Q We frequently use driv

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