Knotty Point for Glicence Holders
Page 29
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I S it Ieeal to carry under a C licence goods given free of charge to the vehicle owner? This knotty problem was raised at Uxbridge, on Monday, when a C-licence holder was charged with committing a breach of the terms upon which C licences are issued. The driver of the vehicle was prosecuted
for exceeding the speed limit. Had the driver not been stopped for alleged speeding, the case might never have been brought.
It appears that a local authority had given the operator some rubble from an excavation site. No charge was made for the material, but the operator made a charge for its haulage. So long as he removed it from the site, he was free to take it away and dispose of it as he would. The police held that the rubble was the property of the local council and could not legally be carried under a C licence..
Section 2 (4) of the Road and Rail Traffic Act states that a C licence " shall, entitle the holder thereof to
use the authorized vehicles for the carriage of goods for or in connection with any trade or business carried on by him, subject to the condition that no vehicle which is for the time being an authorized vehicle shall be used for the carriage of goods for hire or reward."
It would appear from the wording of this sub-section that even if no question of payment or reward arises, an operator holding a C licence is not allowed to carry goods other than for or in connection' with his business. Pursuing this argument to its logical conclusion, it would not be permissible for, say, a baker and confectioner to carry in his van goods required in connection with his private garden !
The operator in question was tined 10s., and the driver was fined a similar sum for speeding. When the vehicle owner asked the magistrate to explain, for his own information, the law on this point, he was' advised to consult a solicitor.