Problems of the
Page 66
Page 67
If you've noticed an error in this article please click here to report it so we can fix it.
HAULIER and
CARRIER
THE prospect of an amendment to the contract-carriage section of the Road Traffic Act, 1930, is reviving interest in that hitherto somewhat neglected side of the
haulier's business. A man upon whom I called in Huddersfield, the other day, appeared to be quite excited about the subject. I found him in the middle of negotiating for the purchase of a new 20-seater coach of the less expensive type.
"Is the new coach for a regular service?" I asked.
"No," he answered. "I've never touched that side of passenger-carrying. I'm getting this new vehicle for contract-carriage work, and, by the way," he went on, " you're the very man I want to see. I want you to tell me all about the new arrangements under which I shall be allowed to quote for contract work."
"But these arrangements are not definite yet."
"No, I know that, but I imagine that they are not likely to undergo much alteration now. What do you think?"
"No, I don't suppose they will, but you appear to know as much about it as I do."
"I don't really know anything of the details," was his reply, "but I have been told that the law is being
altered and that there will be more scope for this class of work in future."
"I suppose you're right, but the conditions were set B48 ineligible on two grounds; he is in the habit of acting on behalf of holders of public-service-vehicle licences and he will certainly expect to receive remuneration for his services."
" What about the secretary of the local Conservative club? He usually arranges one or two parties during the summer. Will it be all right for me to take an order from him?"
"Yes, I should say so."
" But he receives remuneration ; he is paid as secretary of the club."
" Quite. But he doesn't receive any extra pay because of arranging these parties, does he?"
"No, I shouldn't think so."
"In that case it will be all right."
"Oh ! but here's another snag," he said, turning to sub-section (b), which stipulates that the journey must be made without previous advertisement to the public.
'Why is that a snag? I asked.
'Well, he always puts a notice up in the club for some weeks beforehand. That's how he gets the party together. Isn't that advertising?"
"Iii a sense it certainly is advertising, but not, I should imagine, of the kind to which this clause refers. You see, it is not an advertisement to the public; it is a private announcement to the members of the club. Acts of Parliament are not, in my experience, framed to be unreasonable, and obviously you can't arrange a party of that kind without some sort of announcement."
" Then there are works' beanfeasts," he went on. "There's a man at a local factory who was organizing a trip for Whit-Monday. He got his party together by pinning up a notice in the workshops. Is that all right?"
"Oh I should say so."
The sub-sections (c), (d) and (e) did not occasion him any uneasiness. The parties that he was in the habit of carrying were nearly all of the kind which keep together for the whole of the journey.
"There is just this," he said ; "as a rule, when we're getting back at night, if we go near the homes of some oi the members of the party before we reach the startingpoint, those who live in the outer districts usually like to be set down. I suppose that would be allowed?"
"Certainly. The clause stipulates only that the passengers must be carried to the vicinity of a destination and, in the case of a four, for the greater part of the journey. Those conditions would be fulfilled in the case of the passengers you have in mind."
Referring to sub-section (e), which stipulates that none of the passengers must be in the habit of regularly making the particular journey for which the coach is engaged, he remarked : "I don't see how T can do anything about that. I can't tell if one of the party is in the habit of regularly travelling on that route, and I cannot see how I could find out."
There, again, I think you may take it that the application of the sub-section will he reasonable. If it is a bona-fide party and the particular person who happens regularly to travel that way is actually a member of the party, the question is hardly likely to arise."
The second clause, relating to the carriage of members of societies or clubs, puzzled my friend a good deal. "What on earth does it all mean?" he asked. "The local branch of the Amalgamated Society of Engineers usually fixes us a Wayzgoose once a year. Will that be barred?"
"Oh! no." And I could not avoid smiling. "That is not at all the sort of thing that this clause is designed to stop. The object is to put a stop to those travelling clubs—and there are plenty of them—in which an operator, prevented from running a bus in the orthodox, legal way, nevertheless uses his vehicle and, when passengers come along, makes them members of the club, thereafter carrying them daily to and from work at ordinary fares, but issuing receipts instead of tickets."
"I never heard of that," he said. "Tell me mote about it. How does it work?"
"Well, the bus proprietor runs a service. If a stranger boards the bus, the conductor, recognizing him as a stranger, does not ask him for the fare. He invites him to become a member of the club, perhaps explaining the situation to him. If the would-be passenger is agreeable, the conductor makes him a member of the club, charging him is. or so entrance fee. Actually, there is no charge, for the shilling is returned to him in the form of fares.
"The conductor doesn't carry tickets and a bell punch ; he carries a little book of vouchers with dnplicates and writes out a receipt for every fare he receives. In that way the operator carries on his business without a licence."
"By gum, I wish I'd known before. I suppose it's too late now?"
"It will be," I said, "so soon as this Act is passed." I could see by the look in his eye that he was convinced
that he'd missed an opportunity. S.T-R.