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148 
LEGALITIES OF THE LIGHT BRIGADE
Page 71
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Small goods vehicles are not so insignificant as to be outside the transport law altogether, though they are not subject to some of the provisions of the Transport Act 1968
By Johnny Johnson
SMALL goods vehicles, still gaining in popularity, have been operated in increasing numbers over the past three years because of their exemption from some of the provisions of the Transport Act 1968.
Described in Section 103(6) of that Act as a goods vehicle which has a plated weight not exceeding three and a half tons or which (not being plated) has an unladen weight not exceeding 30 cwt, they are exempted from operator's licensing in Section 60(2) of the Act.
The avidity with which some operators, whose traffic lends itself to movement in this type of vehicle, have seized the opportunity of avoiding regulation under Part V of the 1968 Act, is evidenced by the number of light-alloy bodied small vehicles, especially Luton vans, on the road.
Avoidance of the necessity to obtain an 0 licence has removed, too,, the need to convince the Licensing Authority that the operator is a fit and proper person to operate vehicles, that he has made arrangements to see that they are not overloaded, that maintenance facilities are satisfactory and that there are adequate financial resources to maintain the vehicles.
No doubt the average small vehicle operator has the necessary attributes and has made all the desirable arrangements but he does not have to go to the trouble of convincing somebody else that this is so.
As well as having a moral obligation to avoid overloading and inadequate maintenance, however, the small vehicle operator is subject to the provisions of the Motor Vehicles (Construction and Use) Regulations 1973 which came into operation on February 13 and consolidated the 1969 Regblations and subsequent amendments.
Moreover, though these vehicles are exempted from the Goods Vehicles (Plating and Testing) Regulations 1971, they are subject to the Regulations made under the Road Traffic Act 1972. Briefly, this means that they must be submitted to what has popularly become known as the MoT test after they have been registered for three years, in the same way as a private car.
Thus the requirement to maintain the vehicle in a roadworthy condition is safeguarded, though outside the much more elaborate provisions of the 1968 Act.
Freedom from operator's licensing carries with it exemption from The Driver's Hours (Goods Vehicles) (Keeping of Records) Regulations 1970, according to Regulation 12(1), but the driver of a small vehicle is not exempt from observing the prescribed hours.
These are laid down in Part VI of the 1968 Act and they apply, among others, to drivers of motor vehicles constructed or adapted to carry goods other than the effects of passengers, whether they are employee drivers or owner drivers.
Hours of driving and work
Section 96 provides for a driver to drive no more than 10 hours in aggregate on any working day and for him to be allowed an interval of not less than half an hour for rest after 5+ hours on duty.
It limits the working day of a driver to 11 hours with the proviso that if he is off duty for a period not less than that time by which his duty exceeds 11 hours his working day may extend to 12+ hours.
The Act provides for an interval of not less than 11 hours between two successive working days, for a working week to total no more than 60 hours, and for a period of not less than 24 hours off duty each working week.
The 24-hour off duty period can be taken wholly in the working week to which it refers or begin in that week and end in the next.
If the second course is adopted, then none of the time taken in the second week (except any of it which exceeds the statutory rest period of 24 hours) may be taken into account for the purpose of satisfying the requirements in the following week.
Should a driver not drive a goods vehicle for more than four hours in any of the 24-hour periods beginning, at midnight in a working week, then he need not observe the provisions on that day. If he does not drive a goods vehicle at all on any working day, then the provisions relating to the interval of rest after 5+ hours on duty and the limit of 11 hours to the working day do not apply.
Moreover, if the driver works for more than 11 hours on that non-driving day then only 11 hours need be taken into account when aggregating the 60-hour working week. .
In general, these are the driving and duty hours to which drivers of small goods vehicles are required to conform. Exemptions have been made, however, for drivers engaged in the delivery of certain foods and commodities and for certain operations. These have been dealt with in recent weeks in CM'S Know the Law column.
Any transgression would, perhaps, be difficult to detect because the drivers of such vehicles are not called upon to keep records. Nevertheless, an examination of company paybills could reveal irregularities which, on summary conviction, would render the operator and the driver to a fine not exceeding £200.
Drivers of vehicles which have an unladen weight of under 3 tons do not need • a heavy goods vehicle driving licence — another reason why some operators have opted for small goods vehicles in view of the shortage of hgv drivers.
Driving licence regulations in the UK will, however, have to be brought into line with Common Market practice as outlined in EEC Regulation 543 /69.
This means that driving licence requirements will have to be based on gross vehicle weight instead of unladen weight as at present.
Briefly, drivers of 17 years of age will be able to drive vehicles of up to 3+ metric tons gross, those aged 18 will be able to drive vehicles up to 7.5 metric tons gross, and for vehicles over that weight the driver will have to be 21 years old and have an hgv licence. A metric ton is 351b lighter than an imperial ton.
It seems, therefore, that in the future drivers of vehicles up to 7.5 metric tons gross will not need an hgv licence, which could involve some of those now avoiding the Regulation in obtaining an hgv driving licence.
Britain has till January 19 76 to bring driving licence Regulations into line with Europe. It is expected that this will not be done till then despite the first report that the new arrangements would begin in November this year when the central licensing computer at Swansea begins to operate.