A Simple Explanation of Certain Important Points in the New
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Legislation to Which Attention Should be Given by all Operators. of Vehicles Used for Either Their Own Goods or Those of Others
The Licensing of Goods Vehicles
By
The Editor
THERE are many matters of interest connected with the Road. and Rail Traffic Act, some of which are difficult to comprehend without an intensive study not only of the Act itself but also of the Draft Memorandum and Draft Regulations which have been issued, more or less privately, by the Minister of Transport. The Regulationmay be slightly altered following the criticisms made by the • various organizations representing goods-vehicle interests, but such amendments will be . only in wckding and detail, because the Regulations must continue to fulfil the requirements of the Act. -
Licensing Distinct from Taxation.
There is a_ considerable amount of confusion in the minds of many people, who are inclined to associate the increased taxation, which came into force on January 1 in respect of goods vehicles, with the new licensing of carriers, whereas there is no connection between them.
The. payment for carriers' licences is presumed to be entirely to cover the cost of the administration of the Act, which is estimated at £130,000 per annum, this sum, incidentally, being based upon a provisional estimate as to the number of vehicles falling within the licensing scheme, viz., 00,000 Class A, 40,000 Class B and 300,000 Class C.
Applications for the various classes of licence, also for "contract," "claimed," " discretionary " tonnage and "hiring margin," as well as for variations of licences, will have to be made on forms which will probably be available in a week or so.
In the case of Class A and Class B licences, applications for these will have to be made to the authority for the area in which is the permanent base from which the vehicles will normally be used, and it is important to note that separate applications will be required for each base. As regards Class C licences, the demand will be to the authority for the area in which is the principal place of business or head office of the applicant.
n26 Licences are not permitted to be transferred with the disposal of a business, but in the case of an executor or liquidator he may continue using the licence for a reasonable period, provided that he has notified the authority within five days and applies for a new licence within 14 days of this notification, but such use must not continue beyond the date on which the original licence would have expired, and it will end when the 'authority has made a decision upon the new application.
One of the main features of the licensing system will be the issue by the licensing authority in each area of a statement called "Applications and Decisions." This will give details of the various licences applied for and of others which. have been granted or refused, also of any decision to revoke or suspend licences.
How to Make Objections.
It is from this document that other transport interests will select those applications which they desire to oppose. Such objections will have to be made in writing, in a prescribed form, and must reach the licensing authority not later than 14 days after the notice has appeared. At the same time, a copy of each objection must be sent to the applicant, which will warn him of the difficulty with which he is faced. An inquiry will then be held, at which the applicants and objectors must be represented.
An Appeal Tribunal will, however, he formed. This will consist of three members appointed by the Minister of Transport after consultation with the Lord Chancellor, the President of the Board of Trade and the Secretary of State for Scotland.
Appeals against the grant or refusal of an application for a licence, its suspension or revocation, or against the conditions attached to particular licences, may be lodged with this Tribunal not later than a month after publication of the result of the application has been made. Fees may be fixed for such appeals, but they may be remitted, partially or wholly, on the ground of the poverty of the applicants.
It will be in the power of a licensing authority to revoke or suspend a licence if any of the conditions attached to it has not been complied with, but if the holder requires it a public inquiry must • be held on the matter and, if requested, the grounds for the action stated in writing.
Vehicles Not Requiring Licences.
There are certain requirements in connection with the licensing system which are particularly worthy of•
. note. For instance, the use of a goods vehicle for any purpose not connected with trade falls outside the scope of the scheme ; for example, a hearse, likewise vehicles used for certain local-authority or police services. Public service passenger vehicles carrying parcels are also unaflected.
Despite the fact that vehicles operating for hire or reward must have a Class A or a Class B licence, this does not bar the holder of a Class C licence as a private carrier from charging for the delivery of. goods sold to a customer or for the carriage of goods which have been, or are to be, subjected to some process by the operator. This covers the work of a laundry. Similarly, a farmer is permitted, in certain circumstances, to make a charge for carrying the produce of another farmer, although he is operating under a Class C licence.
In connection with claims for " contract " tonnage, for which the authority is required to grant an application where vehicles are to be used exclusively on a continuous contract lasting not less than a year, it is important to note that this contract must not be made with another carrier (presumably one also holding a Class A or Class B licence).