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Although: Vital to Every Haulier; Problems Created by Goods-vehicle Licensing_ Are Not Always Appreciated Fully By Their Customers

12th June 1959, Page 48
12th June 1959
Page 48
Page 51
Page 48, 12th June 1959 — Although: Vital to Every Haulier; Problems Created by Goods-vehicle Licensing_ Are Not Always Appreciated Fully By Their Customers
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Which of the following most accurately describes the problem?

IN recent months, goods-vehicle licensing has provoked even more interest than usual. Not only is this to .be found in the many cases heard by the Licensing Authorities and comprehensively reported in The Commercial Motor. Thought is also being given at a national level to whether the whole system of licensing, as well as its interpretation, should not be reviewed. In particular, established operators consider that some of the restrictions imposed by licensing, if too narrowly interpreted, are out of keeping with the changes in traffic flows occasioned by their customers—trade and industry.

in contrast to the more contentious problems of licensing. it may seem •surprising that inquiries are often received by The .Commercial Motor for a simple exposition of what is implied, for example; by A. B or C licences. Such requests. however, are'a reminder' that transport is inevitably considered to be an ancillary service by trade and industry, who regard the licences under which their products can be delivered to customers as of secondary importance, so long as price and

service are right. .

A manufacturer, who was presumably reviewing his transport policy with a view to the possible employment of his own vehicles, asked for general guidance on the whole subject of goods-vehicle licensing. As this inquiry is representative of several recent requests, I will give the substance of my reply.

Maximum Hours

Although the Road Traffic Act, 1930, dealt primarily with the licensing of passenger services, it also laid down the maximum permitted hours which drivers of both haulage and passenger vehicles might remain on duty. A clause dealing with the payment of fair wages was included, but this aspect is now dealt with by .Orders made by the Minister. of Labour and National Service on recommendations of the Road Haulage Wages Council.

Traders and manufacturers operating under private enterprise may well ask why there should be any form of licensing. The avowed object Of the Road and Rail Traffic Act, 1933, was to control the carriage of goods by road so as to prevent what was then termed ." the evils of overcrowding and unbridled competition in the transport industry."

The 1933 Act accordingly laid down that no one should use a goods vehicle for the carriage of goods, whether for hire or reward or in connection with any trade or business carried on by him, except tinder. a .licence. In this context a goods vehicle is one constructed or adapted for the carriage of goods, including trailers. A person is considered to be the user of a vehicle if he is the owner, or if it is in his possession under an agreeMent for hire, hire-Purchase or loan.

a 14

The three classes of licences are: (1) public carriers' or A; (2) limited carriers' or B and (3) Private carriers' or C. The holder of an A licence, is entitled to use the authorized vehicle for the carriage of goods for hire or reward, in connection with his business as a haulier. But it does not permit him to use it in any other trade or businessin which he may be engaged, except such storage or warehousing which may be incidental to his haulage business.

A B licence permits the holder, as he thinks fit, to employ the authorized vehicle either for the carriage of 'goods in connection with any trade or business carried on by him, or for hire or reward, subject to whatever restrictions may have been attached to his licence. The C-licensee may use his vehicle only in connection with his trade or business, and not for hire or reward.

In an emergency, the Licensing Authority may authorize a C-licensee to use his vehicle for the carriage of goods for anylone to whom he lets it. Such operation would be subject to whatever conditions the Licensing Authority thought fit to impose, and would depend on his being. satisfied that the needs could not conveniently be met from other sources. Recent examples occurred during the east-coast floods and the Suez crisis.

Exclusive Contract

It is also specially provided that if the Licensing Authority is satisfied that any of the authorized vehicles on an application for an A licence will be used exclusively under contract for a continuous period of at least a year, he is bound to grant the application so long as the applicant is a suitable person.

With denationalization, special A licences were issued -under the Transport Act, 1953, to purchasers of vehicles from the British Transport Commission. These are also public carriers' licences entitling the holders to carry for hire or reward as is permitted with an ordinary A licence.

Under the Road Traffic Act, 1956, an authorized vehicle" includes, in addition to those specified in the licence; vehicles of the .authorized type (subject to a maximum number) which may be in the possession of the holder of the licence .under an agreement for hire or loan, thus ,Covering the operation of

vehicles under, for. example, C,hiring arrangements. On application to the Licensing Authority, the holder of a C licence can obtain a hiring allowance for additional vehicles up to the maximum specified on the licence. The drivers, however, must be employees of the C licensee.

A vehicle already specified on one licence cannot at the same time be included on another, but a person may be the holder of two or more licences, whether. of the same or • different classes. - Under the 1933 Act A, B and C licences were current for two, one and three years respectively. By subsequent enactments the present periods of currency are: A licence, five years; B licence, two years; C licence, five years. The fees are £10, £5 and ft 10s. respectively. A special A licence exists for five years from the date of delivery of a vehicle following its purchase from the Commission. It is free.

In addition A, B and C licences may be granted for periods up to three months to enable goods vehicles to be used on seasonal work, for the execution of a particular job or any other purpose of limited duration. Where an application has been made for a licence for the full currency period, the Licensing Authority may grant the applicant a short-term licence if, for administrative reasons, he considers it advisable. Any such short-term licence, however, ceases to have effect from the date on which a full-term licence takes effect.

When proceedings are pending before a Licensing Authority on an application for a "renewal," the existing licence continues in force until the case is disposed of, although this provision does not apply to short-term licences.

To meet occasions when the holder of an A or B licence may have an authorized vehicle off the road undergoing overhaul or otherwise unfit for service, he may apply for a temporary replacement vehicle, provided its unladen weight is not more than 10 cwt. or 25 per cent. (whichever may be the greater) more than the original vehicle.

Where to Apply.

Great Britain is divided into the following Ii traffic areas for licensing purposes: Northern, Yorkshire, North Western, West Midland, East Midland, Eastern, South Wales. Western, South Eastern, Metropolitan and Scotland. Applications for A and B licences should be made to the Licensing Authority for the area in which is situated the permanent base or centre from which the vehicles. will normally be used. Separate applications must be made in respect of each base or centre, but there is no need to make a separate application for each vehicle. Holders of C licences are, however, permitted to apply to the Licensing Authority either for the area in which the principal place •of business of the applicant is situated, or for the area in which his head office is located. This provision is of particular advantage to large C-licence operators, who may have depots or branches throughout the country, each with its allocation of vehicles. Otherwise, applications strictly in accordance with areas would be administratively inconvenient.

In considering an application the Licensing Authority has the discretion to grant an A licence in full or in part, or to refuse it entirely. In respect of applications for A or B licences, the Licensing Authority is required to take into consideration, among other matters, the public need for the proposed facilities, including primarily the interests of persons requiring transport and secondarily those providing it, as well as the pastconduct of the applicant as a haulier.

Proof of need is not necessary in respect of applications for C licences and the Licensing Authority is required to grant them unless the applicant's licence has been suspended or revoked.

Describing Goods Applicants for A and B licences are required to submit relevant details in duplicate, on the form GV.IA or GV.IB, at least eight weeks before the licence is required. These include a description of the goods the applicant intends to carry, the area of operation and the proposed type of vehicle. In addition to the information supplied on the forms, however, an applicant may be required to furnish any information which the Licensing Authority may reasonably need. An applicant for an A, contract A, or B licence may be asked, to give particulars of his business as a haulier, arrangements with other operators, or their financial interest in his own business.

Applications for variations of licences by holders of A and 13 licences shall be granted for the following reasons: (1) The removal of a specified vehicle from the licence. (2) A reduction in the number of vehicles. (3) The addition of one vehicle in substitution for another, provided it is not of greater unladen weight than the old vehicle.

In other cases, however, a Licensing Authority has power to grant or refuse applications for variations of A and B licences. This does not apply to C-licence operators, who are also permitted to use a vehicle before it is specified in the licence, so• long as they give notice to the Licensing Authority within a

month of the date on which the vehicle was acquired. S.B.


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