The A.B.C. of Lorry. Licensing
Page 53
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Some Extracts From the Revised Memorandum on the Road and Rail Traffic Act and the Regulations
WE have published a resum4 of the Draft Memorandum issued by the Minister of Transport for the guidance of persons using motor vehicles for the carriage of goods by road. A considerable number of modifications is to be found in the Final Memorandum G5/7 (which is humorously termed at the Ministry "The Child's Guide to Knowledge ").
On and after the appointed date (that contemplated is July 1, 1934) it will not be lawful for any person to use a goods motor vehiele for hire or reward or in connection with his business, unless it be authorized by a canier's licence or be not subject to the licensing system. The user is considered to be the driver of the vehicle if it belongs to him, or the person whose agent-he is.
A goods whirle is one constructed or adapted for goods. The term also includes trailers, except those not used for carrying goods for hire or reward and drawn by private cars constructed to carry not more than seven passengers. The carriage of goods includes haulage; licences will be required for locomotives and tractors.
In general, the use of a goods vehicle for any noncommercial purpose falls outside the scope of licensing. Examples are agricultural vehicles qualifying for reduced taxation under the Finance Acts; public service passenger vehicles carrying parcels; and vehicles used for certain local authority and police services.
When considering applications for " discretionary " tonnage, the authority is required to take into account: '(a) the need for the proposed facilities; (b). the. past conduct of the applicant as a carrier; (c) the need for an allowance to cover vehicles under repair; (d) the extent to which the application represents a conversion from horse-drawn to mechanical transport.
CLASS A LICENCES : " Contract " Tonnage : The licensing authority is required to grant applications in respect of vehicles used exclusively on contracts of not less than a year, made by carriers with persons other than carriers, for conveying the goods of those persons in connection with their trades.
"Claimed" Tonnage : The authority must grant an application made not later than April 1 (unless a later date be appointed) for vehicles not exceeding the unladen weight of those the applicant proves he owned and used at any one time mainly for carrying goods for reward during the basic year (April 1, 1932—March 31, 1933). No application for " claimed " tonnage can be made after the appointed date.
" Discretionary " Tonnage : The authority has power to refuse or grant in whole or in part any other application for an A.licence, or to refuse its renewal.
CLASS B LICENCES: " Claimed " Tonnage: The authority mast also grant applications in respect of the unladen weight of vehicles used at any one time during the basic year, partly for carrying goods for reward and partly for other purposes. "
Discretionary" Tonnage : This may be granted or refused by the authority, and conditions may be attached to any B licence as regards the use in specified districts• or between specified places, the class of goods to be carried, and as to the persons for whom they are carried;
also such other conditions (except rates to be charged) as the authority may think fit to impose to prevent uneconomic competition. It should be noted that in respect of both Class A and Class B licences, if; when making application, the unladen tonnage is less than that for which a claim can be established, the applicant may ask the authority to grant a licence in which the vehicles owned will be specified and the additional claim for tonnage authorized as a "hiring allowance." Later, if the fleet is to be increased, he may apply for the licence , to be varied by substituting specified vehicles for part of the "hiring allowance."
HIRING ALLOWANCE: An applicant who desires to hire additional vehicles and take complete control,
• employing his own drivers, should apply for a "hiring allowance" to be included in his licence. A person who hires, together with the driver, from the holder of an A hr B licence an authorized Vehicle on -terms under which the driver does not become the hirer's agent or _servant, does not require any licence, because the holder of the A or B licence is deemed to be the user. If, however, he takes on hire a vehicle on terms which give complete control and the driver becomes his agent or servant, the person taking the vehicle on hire must obtain an A or B licence aCcording to its use.
APPLICATIONS FOR A AND B LICENCES: In using form GV.1, applicants for Class A or B licences must annexe in duplicate such of the fonns GV.2 (" contract" tonnage), GV.2X (" claimed" tonnage), or GV.3 (" discretionary " tonnage) as are applicable.
Every application should be made at least eight weeks before the licence is to take effect.
An applicant for an A or B licence may also be required to give on Form GV.4 particulars of his business as a carrier and as to his arrangements or agreements with other providers of transport.
APPLICATIONS FOR C LICENCES: These must be made on Form GV.5. No forms need be annexed. Holding companies should obtain a special leaflet (G5/11). The holder of a C licence may use a vehicle before it has been specified in the licence, if he gives notice on Form GV.7 to the licensing authority within one month of its acquisition.
SHORT-TERM LICENCES: These will not exceed three months and are for seasonal business, the execution of particular pieces of work or any other purpose of limited duration. The form required is GV.8.
IDENTIFICATION OF AUTHORIZED VEHICLES: Every vehicle authorized under an A or B licence must display on the near side an identification certificate of the same size as a Road Fund licence.
The holder of a C licence must exhibit in letters and figures of specified size, on his authorized vehicle, either his name and sufficient postal address (a condition already satisfied by the greater number of C vehicles), or the reference number of the C licence.
A vehicle operated as past of an A or B "hiring allowance" is required to display a special "hiring allowance" certificate.