OPINIONS and QUERIES
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A Plea for Opposition to a Commissioner's Action. Our Tables of Operating Costs an "Asset to Business" Trade Plates and Insurance. Driving Breakdown Vehicles. Transporting an Awkward Load. A Summons Difficulty
Irreguiar Speed-limit Requirements on Licences.
The Editor, THE COMMERCIAL MOTOR.
[3394] Sir,—I see in the daily Press that the Metropolitan Traffic Commissioner contemplates attaching a general condition to public service vehicle licences, to the effect that the holder of the licence shall not, by himself or his employees, permit driving at a speed exceeding 30 m.p.h., or at any speed dangerous to the public having regard to all the circumstances of the case. As these are matters which have already been dealt with by the Road Traffic Act, under which heavy penalties are provided for such offences, I hope that all applicants for licences will protest strongly against the imposition of such remarkable conditions, and in any event will definitely refuse to agree to such conditions being imposed.
I cannot think that when the Minister of Transport asked Parliament to give the Commissioners such wide powers he contemplated that they would use them in such a way as to impose an additional penalty for speed offences when committed by drivers of public service vehicles. P. S.V.91). London, W.1.
Operating Costs Tables a Business Asset.
The Editor, THE COMMERCIAL MOTOR.
[3395] Sir,—I feel it my duty to write to thank you very much for your Tables of Operating Costs for commercial motors, which I must say will be a great
asset to my business. P. D. RA/NIGER. London, N.15.
Insurance When Using Trade Plates.
The Editor, THE COMMERCIAL MOTOR.
[3398] Sir,—As an appreciative regular subscriber to your paper I should be grateful if you would enlighten me upon the following problem :— My company operates and maintains a number of lorries and for the purpose of testing unlicensed vehicles and new purchases, etc., owns a set of trade plates. If an unlicensed but insured vehicle is using these number plates does it lose its original (insured) identity and therefore become uninsured? Mast I take out a policy of insurance to cover vehicles running under trade plates? Finally, may I legally tow an unlicensed, uninsured vehicle on a public highway by a licensed insured vehicle without the use of trade plates?
Sutton.
[The fact that a motor vehicle which is insured is run under trade plates does not make the vehicle uninsured, unless it be a special condition of the policy that the vehicle shall not be driven under trade plates. It is only necessary to take out a policy of insurance to cover vehicles running under trade plates if you are likely to B30
want to test vehicles which are not otherwise insured.
There is nothing to prevent you using a vehicle which is licensed and insured for the purpose of towing a. vehicle which is neither licensed nor insured, so long as the insurance policy which covers the vehicle which is doing the towing does not contain any special condition stating that the vehicle must not be used for towing another vehicle and there is nothing to that effect in the proposal form on which the policy was based.
You should remember that paragraph 78 of the Motor Vehicles (Construction and Use) Regulations, 1931, provides that no motor vehicle shall tow any other vehicle unless the tow rope or chain be so adjusted that the distance separating the nearest points between the two vehicles shall not exceed 15 ft. and that steps shall be taken to render the tow rope or chain easily distinguishable by other users of the road.—En.]
Who Should Drive ?
The Editor, THE COMMERCIAL MOTOR.
[3397] Sir,—Rather an interesting case has arisen, and we should like to know whether you can give us a' ruling on it.
A lorry is left on the roadside and we are asked to remove it to our depot. The unladen weight of the broken-down vehicle is sufficient to bring it into the heavy motorcar class. We send out a 30-cwt. lorry to tow it in, and with it two drivers—one aged 17 and the other 25. The older driver is the more skilful. Does the law allow this older driver to do the towing, and the young one to steer the heavy vehicle being towed, or must the younger and less skilled driver drive the 30-cwt lorry and do the towing whilst the older one simply steers the towed vehicle? Further, what is the maximum speed at which they
may proceed homeward? BREAKDOWN. London, W.C.1.
[The position of motor vehicles which are towed by other motor vehicles is not made clear by the Road Traffic Act, or the Regulations made thereunder, as the only instance in which any definite reference is made to such vehicles is in paragraph 78 of the Construction and T.:se Regulations, which deals with the question of the length of the tow rope. Section 1 of the Act defines trailers as being "vehicles drawn by motor vehicles," and that definition is wide enough to cover a towed vehicle as well as a regular trailer. On the other hand, paragraph 78 of the Regulations appears to regard a towed vehicle as being something other than a trailer in the ordinary sense. On the whole it appears probable that the speed regulations applicable to trailers would be held to apply to towed vehicles, and that therefore the maximum speed is 16 m.p.k if both towing and towed vehicles are equipped with pneumatic tyres, or 8 m.p.h. if some of the wheels of either vehicle have solid-rubber tyres instead of pneumatic. With regard to the man in charge of the towed vehicle who rides upon it for the purpose of steering it and applying the brakes, we do not consider that it can correctly be said that he is a driver, even when regard is had to section 121 of the Act in which it is provided that
" the expression ' driver ' where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and that the expression 'drive' shall be construed accordingly." We consider that the definition contemplates two persons engaged upon qne vehicle, the one driving and the other steering. In our opinion the man on the towed vehicle is not a driver, but is in a similar position to a man who is carried on a. trailer for the purpose of applying the brakes. We therefore see no objection to the person on a heavy motor vehicle which is being towed being under the age of 21.—En.]
Transporting 50-ft. Poles.
The Editor, THE COMMERCIAL MOTOR.
[3398] Sir,—Will you please advise if I am within the law in my contract haulage work which I have been doing for two years without any objection. A Garner lorry (weight 38 cwt.) on solid tyres is equipped with a power-driven winch and a swivelling bolster pivoted behind the rear of the springs. The centre bolt of the bolster has an eye below the springshackle level, to which is coupled the 28-ft. pole of a two-wheeled trailer (weight 0 cwt.).
This trailer is similar to a horse-drawn timber wagon, but has rubber tyres and brakes operated by the attendant by cable from the lorry seat. This outfit is used to haul electric power wooden poles of 38 ft. to 50 ft. length from railway stations to the site of overhead lines.
The winch and bolster are easily detachable, leaving a flat platform lorry to carry stay blocks and ironwork for poles. Also a living van 17 ft. long and 6 ft. 6 ins. wide (weight empty 8 cwt. on front bolster and 20 cwt. on rubber-tyred rear wheels) can be super-imposed on the lorry to permit removal from place to place as needed.
I have recently had made a collapsable horsebox utilizing the trailer-axle springs and trailer pole for the quick moving of the horse. Jobs last from one to four weeks, and then I have to move 50 miles to the next,
Brakes for this outfit are worked from the cab.
The licensing authority (Worcester) has taxed the lorry at £25 and the trailer at £6, and I am carrying on at the same rate. A year ago the licensing authority inquired at London, but it received information to fit only the Scammell heavy type. It was agreed that this did not meet the case as the lorry was used apart from the trailer. I cannot get any help from the police; they do not seem to know definitely.
(1) Do I need a special permit to carry the length?
(2) Is 8 m.p.h. the correct speed loaded and empty?
(3) Am I entitled to stop on the metal of the road to unload on to roadside?
(4) My son of 181 years has been relief driving for two years and I am told he can keep on at the lorry and trailer do not exceed 21 tons.
Alvechurch. HAULAGE CONTRACTOR. [1. Except in the Metropolitan Police District there is no general restriction on the length of a load which may be carried by any vehicle, although there there may be local by-laws which apply. The regulation that the overall length of a trailer shall not exceed 22 ft. does not apply to a trailer constructed and normally used for the carriage of indivisible loads of exceptional length.
2. The correct speed of a goods motorcar and trailer is S m.p.h. if all the wheels be fitted with soft or elastic tyres. 3. There is no objection to your stopping on the metal of the road to unload so long as the vehicle does not cause unnecessary obstruction, and in an urban district does not stand longer than is necessary for the purpose of loading or unloading. In addition, the Road Traffic Act provides that a vehicle or trailer must not be left in such a position or in such a condition or in such circumstances as to be likely to cause danger to other persons using the road.
4. Your son aged 181 can drive the lorry and trailer because the unladen weight of the lorry does not exceed 2i tons, and it is therefore a motorcar and not a heavy motorear.—Enj
The Time Limit for a Summons.
The Editor, TEE COMMERCIAL MOTOR.
[3399] Sir,—As a regular reader of your valuable journal, I would be grateful for your views and advice on the following matter:— On April 2nd one of my drivers was reported by an officer of the mobile police for having exceeded the speed limit of 16 m.p.h. with a solid-tyred heavy motor lorry.
Nothing more was heard until April 20th, when the local police summoned the driver to appear at the court on April 27th.
I understand that under the new. Traffic Act this summons should have been delivered to my driver within 14 days of the alleged offence.
The summons was dated April 15th, but, as stated, was not delivered to my employee until the 20th.
Under the circumstances, I am of the opinion that the case should have been contested. Am I correct in
this assumption? W.H. N'Vombwell.
&Section 21 of the Road Traffic Act provides that a person shall not be convicted of an offence under any of the provisions of the Act relating to exceeding any speed limit, or reckless or dangerous driving, or careless driving unless (a) he was warned at the time the offence was committed that the question of prosecuting him for an offence under one or other of the above-mentioned provisions of the Act would be taken into consideration; or (h) within 14 days of the commission of the offence a summons for the offence was served on him; or
(c) within 14 days of the offence notice of intended prosecution was served on or sent by registered post to him or to the registered owner of the vehicle.
In your letter you state that your driver was "reported at Southern," but you do not mention whether the mobile police stopped him and informed him that he would be reported. If they did so it would not be a good defence that the summons was not served within 14 days, because, as you will see, the requirements of the section are alternative.
We would add that if you had decided to contest the case it would have been essential for the driver to attend at the court.—En.]