New Draft Regulations on Record Keeping
Page 47
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SINCE the first Regulations on the keeping of records for goods vehicles came into force on October 1, the Minister has received various representations regarding their operation, more particularly in respect of difficulties experienced by the small trader in relation to part-time drivers.
Whilst the Minister has indicated his readiness to review the requirements' and to consider whether some simplification be possible, he points out that amongst the considerations which influenced Parliament to enact the relevant provisions of the Act of 1933 was the conviction that the keeping of records was essential to secure observance of the law relating to the hours of drivers, the load carried and the maximum speeds. Whatever modifications may be made, the Regulations must still give substantial effect to the intentions of Parliament.
The Draft Provisional Regulations, of which we now give a precis, are based upon advice given to the Minister by the Transport Advisory Council, Additional representations have been received from various organizations, including the British Road Federation and the Conjoint Conference of Public Utility Associations, since this advice was given, but the Minister has not given effect, in the present draft, to the suggestions made, but he will consider them before making the Regulations.
The first modification of importance is in column 6 of Form 2, the record to be used by part-time drivers working within a 25-mile radius. This permits a record of the aggregate time spent in connection with the vehicle or its load, instead of the entry of a series of disconnected periods, as is necessary under the existing Regulations. The second modification is in the text, and provides that journeys made in any one district on the same day may be treated as one journey for the purpose of making entries in Section 2 of Forms 1 (full-time drivers within 25-mile radius) and' 2. This will materially reduce the number of separate entries required in connection with the journeys taken by, and the goods carried on, an authorized vehicle.
The Minister will be prepared to consider any representation made by the respective organizations, but comments must reach him not later than January 19. For the purpose of this draft of the Provisional Regulations, " full-time driver " means one employed solely in driving an authorized vehicle; a • " part-time driver," one employed partly in driving an authorized vehicle and partly on other work not connected with the vehicle or its load. A " statutory attendant" is one employed under Section 17 of the Road Traffic Act, 1930 (a) in attending a locomotive or a trailer. "Work " includes that of any description, whether in connection with a vehicle and its load or otherwise.
Subject to other provisions in the Regulations, every driver must keep a current record, divided into periods of 24 consecutive hours, which shall give in respect of each period during any part of which the driver was em ployed in driving, the information prescribed (a) in Form 1 in the schedule to the Regulations, in the case of a full-time driver employed within a radius of 25 miles from his loading base; (h) in Form 2, if a part-time driver be employed; and (c) in Form 3 or 4, as may be appropriate, in the case of a driver otherwise employed.
No 'driver carrying H.M. mails is equired to make entries in Section 2 of any of the Forms. In the case of a vehicle used in agriculture, it is not necessary for records to be kept, except where a vehicle is used outside a radius of 25 miles. Where such a vehicle is used on a journey any part of which is beyond 25 miles, the driver must keep a record of the information prescribed in Form 3 or 4, in the following manner: (i) Section 1 of the Form must be completed from the commencement of the journey until the end of the period of 24 consecutive hours in which the vehicle returns; (ii) Section 2 of the Form must be completed as from the start of the journey until the vehicle returns.
Records are not required for a showman's vehicle unless it be used on a journey which involves driving it for more than 50 miles in any period of 24 hours. In the latter case, the information prescribed in Form 3 or 4 must be given. in the following manner: (i) Section 1 must be completed from the start of the journey until the end of the period of 24 consecutive hours in which the destination is reached; (ii) Section 2 must be filled in from the commencement of the journey until the finish.
Notwithstanding the previous provisions (a) the records may he kept in any other form provided that every item of information required by the appropriate form is recorded in an easily identifiable manner; (b) if the load carried at any one time does not exceed 2i tons it shall be sufficient if the entry "not exceeding 21 tons" be made in the column headed " Maximum weight at any one time "; (c) journeys made in any one district in the same day may be treated as one journey in respect of entries in Section 2 on Form 1 or 2.
Each item required in an appropriate form must be entered so soon as the information is ascertained. A driver must carry the record until the work for the period to which it relates is completed. He must then sign it and deliver it to the licence holder within seven days, unless it has not been reasonably practicable for the record to be so delivered.
Applications to the licensing authorities for dispensation. from the observance of any requirement of these Regulations must he made in writing, must state the dispensation required and, except in the case of agricultural or showmen's vehicles, give the reasons why it is not reasonably practicable for the requirement to be observed.