OPINIONS and
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UERIES
A DRIVING-HOUR.RESTRICTION WAIVED FOR AGRICULTURE OR FORESTRY.
[4522] As usual I am writing to you for information. In The Commercial Moto?. brochure, " Legal Pointers for Drivers of Goods Vehicles," the item (10) on page 10, dealing with hours of driving, is one that I am very interested in: It reads as follows :—" In the case of a vehicle which is being used in the course of operations of agriculture or forestry, a person is not regarded as driving the vehicle or spending time on work in connection with the vehicle or load carried thereby so long as the vehicle is elsewhere than on a road."
should be grateful if you will tell me from where this information is derived. Is it actually in the Act or is it an addition? I am afraid that I have been verr. slack in not getting a complete copy of the Act. . Can you tell me where I can get this, and especially the item referred to? .
I am pleased to say that we have got through another sugar-beet season without much trouble, especially from
the weather. • S.W. Garboldisham.
[The clause dealing with the point raised is sub-section
• 2c of Section 19 of the Road Traffic Act, 1930. The wording of the section is practically the same as the Wording of the paragraph given in the brochure, and it applies to any vehicle, no matter what kind of licence it is being operated under. That is so because the clause concerns the vehicle and not the man, or the employer. You need not feel in any way " slack " as you call it, for not having all the Acts and Regulations by you. There must be hundreds of them and I have come into contact with solicitors whose principal business is the law of transport, and who tell me that they cannot keep track of them all.—S.T.R.]
TIMBERS FOR THE INTERIORS OF COACHES.
[4523] Having been a regular reader of your journal for the past six years, I am writing for advice on the following subject : Please let me know the best kind of., mahogany and walnut to use for the interior work of coach bodies, the woods to be french polished, also the name and address of a good supplier where I can obtain
them. L.G. Rackenford.
[For the interior fitting of coach bodies we would advise the use of Honduras mahogany, and American walnut. They are the best of their kind, and most reliable. Also, there are no better woods for french polishing, and both can be obtained in sires nearly, if not exactly, to the consumer's requirements. They can he purchased from Helier Denty, Ltd., timber merchants, Bristol, and c48 Taylor and Low Bros,, Ltd., Bristol. The latter concern has branches at Cardiff, Plymouth and St, Austell. There is an Empire timber called Pyinma which is. recommended for high-class motor bodywork. This wood has been accepted by the Post Office authorities as a substitute for American walnut for telephone work, and large quantities have been used for this purpose. The timber is handsome, reddish brown and straightgrained. It is durable, easy to work and suitab]efor all classes of joinery where a timber of good appearance is required at a more economical cost than American walnut, It can be obtained from R. M. Turner and Hunters, Ltd., Wansbeck Road, London, E,9,—En.]
THE REPAYMENT OF AMOUNTS OVERPAID ON A LICENCE.
[4524] A customer of mine, who is a farmer and owns a 30-cwt. lorry which he uses entirely for agricultural purposes for land which he occupies, did not know that he could get a reduced licence.
He paid £25 last year, but this year he has obtained'
a licence for £12. I shall be glad if you will tell me whether you think he has any chance of recovering the amount he overpaid last year, as it was done in
ignorance. G.W.
Norwich. •
[The general rule is that money which, has been paid under a mistake of fact can be recovered, but not money which has been paid under a mistake of law, the theory being that everyone knows the law. It, therefbre,. appears that your customer has no legal right to recover the difference between the licence duty which he paid, and the reduced duty which he could have paid. We suggest that he should place all the facts before the Licensing Authority, and ask for repayment of the difference, as it is possible that some repayment may be made, even if the lull amount be not allowed.—En.]
CARRYING LIVESTOCK IN A LIGHT TRAILER.
[4525] I wish to use a trailer behind a private motorcar (7 h.p.) for taking my neighbours' livestock to local markets, making a charge for the work. Will you please tell me what tax is appropriate, must I pay £1,0 tax on the car, and /or any tax on the trailer? It is the trailer only that will be used to carry the Stock.
I understand that I must insure the car for hiring before I can use the trailer for this purpose.' Is this correct? Must I obtain one of the A, B or C licences frit' the outfit?
Ludlow [No additional licence duty is payable for the right to draw a trailer: behind a private motor car unless the car be constructed or adapted for the conveYance of goods. It is essential that you should notify your
insurance company of the fact that on some occasions your car will be used for drawing a trailer; and the purposes for which the trailer will be used; also that you obtain an amended Certificate of Insurance showing that you are covered when your car is being used with the trailer. If the trailer has more than two wheels it will be necessary, in order to comply with the requirements of Section 17 of the Road Traffic Act, 1930, for a second person, in addition to the driver, to be carried on the car, or on the trailer, for the purpose of attending to the trailer. • As the trailer will be constructed to carry goods it will be necessary for you to obtain a licence under the Road. and Rail Traffic Act, 1933. If you carry only livestock, or other goods, belonging to other persons you will require an A licence, but if you also carry your own livestock, or other goods, you will require a B licence, and unlbss you can put forward a very good case you will experience great difficulty in obtaining either type.—ED,]
A SEPARATE ELECTRIC MOTOR FOR STARTING ENGINES.
[4526] Do you know of a manufacturer supplying an electric motor for starting the oil engines of lorries through the medium of a coupling fixed to the starting handle?
We shall be obliged if you can give us any informa tion which may be useful. FACTORS. London, W.1.
[We understand that the engineering department of the General Electric Co., Ltd., Magnet House, Kingsway, London, W.C.2, has produced electric motors for the purpose of starting oil-.engined lorries, by means of a coupling fixed to the starting handle. An excellent device by means of which current is fed from the mains to the existing starter motor, thus relieving the accumu later of loads of 650-1,250 amps., is made by Mainnd Starter, Ltd., 461a, Caledonian Road, London, N,7.— ED.]
A TRAILER ATTENDANT NOT REQUIRED.
[4527] In sub-paragraph (f) referring to attendants on motor vehicles and trailers on page 3 of your pamphlet, "Legal Pointers for Drivers of Goods Vehicles," it is stated that : Any motor vehicle and any trailer drawn thereby, not exceeding 30 cwt. in weight unladen in each case, designed for use in works or on private premises and used on roads only in passing from one part of the works or premises to another, or to works or premises in the neighbourhood, is exempt from the requirement of Section 17 of the 1930 Road Traffic Act that one person in addition to the driver must be carried.
Please advise us as to under what Regulation this point is included. TRANSPORT. Hull.
[The Authority for sub-paragraph (f) regarding attendants on motor vehicles is paragraph 12 of The Motor Vehicles (Construction and Use) (Amendment) Provisional Regulations, 1931, dated May 29, 1931, which reads, as follow:—" Regulation 77 of the Principal Regulations shall have effect as though the following words were added at the end of sub-paragraph (c) thereof:— (iii) any trailer designed and used by or on behalf of local authorities for the collection or disposal of refuse "; and the following sub-paragraph was added:— ." (d) Where a motor vehicle and any trailer drawn thereby, not exceeding 30 cwt. in weight unladen in each case, are designed for use in works or on private premises and are used on a road only in passing from one part of the works or premises to another or to works or premises in the immediate neighbourhood." —ED.]