Licensing Problems Elucidated
Page 53
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WE print this week a further selection of the most interesting queries concerning the working of the licensing section of the Road and Rail Traffic Act answered by the Editor within the past week or so. This feature is much appreciated and provides a comprehensive guide to licensing problems.
The Position of Demonstration Vehicles.
(65) QUESTION We shall be glad to know whether, as dealers in commercial vehicles, we shall have to comply with the requirements of the Road and Rail Traffic Act. The vans which we use are employed only for demonstration purposes and do not carry any goods.
ANSWER: Part I of the Act commences by stating that no person shall use a. goods vehicle on the road for the carriage of goods (1) for hire or reward, and (2) or in connection with any trade or business carried on by him, except under a licence.
It appears that, as you never carry a load, your vehiaes, which are only temporarily in your possession, will not come within the meaning of the Act.
A Question of Partnership.
(66) QUESTION: In 1930 I started a small haulage business with a partner. We ran two 4-tonners until February, 1932, and then replaced one by a 2-tonner, continuing thus until June of that year, when we decided to dissolve .partnership. I took over all the assets and liabilities ; no agreement was signed, merely a form stating that I would be responsible in this way and signed by both of us, which was deposited with my bank.
I scrapped the old 4-tonner, bought a new 2-tonner in July, 1932, and ran the two vehicles until October, 1932, when the older 2-tonner was scrapped, leaving me with one. Then in May, 1933, I purchased another 2-tonner.
What I want to know is, may I apply for 4 tons "claimed" tonnage, because I was actually licensed for (i tons in April, 1932, but in April, 1933, had only 2 tons licensed?
Can my late partner, who is now running two vehicles of his own, claim any of the partnership tonnage?
ANSWER: As your partnership was dissolved during the basic year and you took over the assets, you will be entitled to apply for " claimed " tonnage in respect of that which you continued to run at any time during the basic year. If at the time you apply you have not actually this amount of tonnage in your possession, then you may apply for the actual amount you have as " claimed " tonnage, and the remainder as a "hiring allowance." Later, if you wish to make up to the full amount by purchasing more tonnage, you can make application to have an equivalent part of the "hiring allowance" replaced by a specific vehicle.
Your late partner would not be able to apply for any part of your joint tonnage as " claimed " tonnage unless he bought other vehicles and operated them during some part of the rest of the basic year, because the dissolving of the partnership automatically cancelled his right to such " claimed " tonnage.
Buying a Going Concern : Obtaining Licences.
(67) QUESTION: I wish to purchase a haulage contractor's business, but before doing so would like to know if there will be any difficulty in obtaining licences. Would I be able to utilize the tonnage which was held previous to or during the basic year?
What book do you advise to give me detailed information of the new legislation?
ANSWER: Legally, a carrier's licence will not be transferable. If you take over a haulage business, you will not be able to apply for " claimed " tonnage ; the tonnage employed by the former owner during the basic year will have to be applied for by you as "discretionary." Experience with the Road Traffic Act, however, has shown that, provided there are no special objections and that a well-organized service has been run, there is usually no difficulty in obtaining the new licences after the transfer of such a business, and the Minister of Traniport states that a similar procedure will be followed in the case of the Road and Rail Traffic Act.
A comprehensive booklet, "The A B C of Goods Vehicle Licensing" which deals very fully with the Road and Rail Traffic Act, is now on sale by The Commercial Motor, price 7d., by post.
When Should "A" Applications be Submitted?
(68) QUESTION Will you kindly inform me when a Class A licence should be returned to the licensing authority. I wish to object to the licensing of the vehicles of a haulier who has nearly doubled his fleet since the basic year and is continuing to buy new vehicles. Would such a protest be likely to reflect upon my business?
ANSWER: Application for Class A licences for "claimed" tonnage must be submitted before April 1; in respect of " discretionary " tonnage, not less than eight weeks before July 1.
Objections must be made out on a prescribed form. The fact that you have lodged an objection will not reflect upon your application, unless the person whom you have opposed lodges a counter-objection to your application. Your rival will automatically have difficulty in obtaining extra tonnage because his application for this will have to be for " discretionary " tonnage.
Full details as to the procedure in lodging objections will be found in a cOmprehensive booklet entitled "The A B C of Goods Vehicle Licensing," which has just been published by The Commercial Motor, price 7d. by post.