Answers to Queries.
Page 20
If you've noticed an error in this article please click here to report it so we can fix it.
Carritr Tricycles Wanted.
[1,684 " LONDON " write:—" We are in the market for motor carrier tricycles, and would esteem it a favour if you could give us the names of two or three of the best ma nu factu rers."
ANSWER. F. W. Goodchild and Co., Ltd., Craven House, Kingsway, W.C., and Phcenix Motors, Ltd., Blundell Street, Caledonian Road, N. The first-named is the company whose carrier we consider the more likely to give satisfaction in your work, unless you want to employ the machine for very-light loads.
His First Motor Lorry : A Carrier's Uncertainty.
[1,683] " REFERENCE " writes :—" Would you please advise me on the following points? I have recently bought a new two-ton petrol wagon from the makers, with a twelvemonths' guarantee as follows: If in the event oi lorry being out of service within twelve months, and on account of mechanical defects, we undertake to refund to you the cost of hiring to do the work which would have been done by the motor lorry.' " " No. 1.—After doing 886 miles, one rear tire is splitting away from rim. The tire-maker wants the wheel back, and the makers of the lorry say they cannot lend me another one to run on. Am I right in concluding the wagon is out of service while one wheel is at the tiremakers? The tires were bought complete with the wagon and guaranteed.
" No. '2,-1 had notice to take delivery of my wagon on a certain date; when I got to the works, the wheels were not ready. They lent me an old set, until they could send the new ones on, which was 22 days, and they ROW send me a bill for ..C6 10s. for loan of wheels. Is that right ? One day's work was lost in changing wheels. " No. 3.—They also agreed to send a man to teach me to drive, for one week free, which verbally I got extended to 10 days from the head of the firm. i had occasion to keep the man 16 days over, and they now send me a bill for :£12 12s. for 'loan of driver and expenses for four weeks'—all the time he was with me. I boarded the man myself during that time, and the only expense that I can account for is his fare back to the works, which would have been the same if he had only stayed the week, and during that extra time he was partly staying to fit the new wheels when they came. Do you think this is a fair charge, after my paying £.500 for a new wagon complete P
" No. 4.---The silencer burst one morning, while their man was starting her up, and at his suggestion I sent for another. I now receive a bill for £1 Is. for new silencer. Is that right?
" T am well satisfied with the wagon. but, as I have sold my horses to help to pay for it. I have to depend on that solely now : I cannot afford to lay her up, as I have a regular service to keep up."
ANSWER.—In the first place, you must hear in mind that you cannot expect any motor vehicle to run for long periods without the necessity arising for seine adjustments or repairs, any more than you can expect horses to do without shoeing and other incidental attention from the farrier or the veterinary surgeon. We answer your specific inquiries: No. 1.—Tire failure does not come under a guarantee in respect of mechanical defeets. No maker would guarantee consequential loss due to tire failures, as one never knows exactly when a tire will fail or give trouble, You are protected to the extent that, whilst you have to bear a certain amount of inconvenience if a tire does go wrong, you do not also have to suffer any financial loss in respect of the value of the tire.
No. 2.—We consider that you are entitled to repudiate the bill for the loan of wheels, except in RO far as it
applies to the wear upon the tires of which you had the benefit. You will appreciate that you wore out a certain mileage from the rubber tires on this spare set of wheels, instead of from your own. They should not charge you inure than lid. per mile run, in order to cover wear and tear of the tires. In the circumstances of their having notified you that the vehicle was ready, which proved to be inaccurate, we think you might claim for the one day's work lost.
No. 3.—You should ask for particulars of the out-ofpocket expenses, in the absence of any agreement by you to pay a round sum per week. You certainly, in our opinion, should be prepared to pay for the whole of the man's time, and whatever expenses were actually incurred, over and above the first week, or, provided there is no dispute as to the terms on which he was to stay up to ten days, after that period. No. 4.—We think you should pay for the silencer. The breakage would have been more likely to have occurred, if a less-competent man had been starting up the engine, although this type of mishap is not a common one. We strongly recommend You to purchase and keep in stock one spare front wheel and one spare back wheel, complete with tires. That is one practical way to help to keep the wagon on the road every day. Alternatively, there are certain easily-renewable tirea with special patterns of rims.
Stopping a Steam Wagon on a Bridge.
[1,684] " WESTERN " writes:—' I should be extremely obliged if you would kindly advise me upon the following situation. I am at present driving a. five-ton motor wagon (Foden); one day last week I was picking up water from a brook, and while doing so the motor was standing upon a bridge over same. A constable thereupon took my name, etc., and made a copy of the unladen and axle weights upon the side of the wagon. Ile then told me he should report me for stopping a traction engine ' upon a bridge contrary to a law relating to same. Can I be convicted under that law ? I always understood a motor wagon came under the Motor Car Acts, and therefore had a perfect right to stop on a bridge. There was no notice on the bridge in question. " Could you send me any particulars of a similar ease to mine, where the driver was successful in getting a dismissal ? Could you also send me particulars of the name and date of the particular Act which applies to my case, assuming I am being prosecuted under laws relating to traction engines? If I am convicted under this law, this would not be an offence against the Motor Car Acts, 1896 and 1903.' Therefore, my licence should not be endomed. Am I correct in assuming this?"
ANSWER.—A Foden wagon is not a traction engine, and we seriously doubt if you could be summoned successfully. We hope that you told the policeman that it was a heavy motorcar and not a traction engine. Possibly, the constable intends to summon you for alleged obstruction of the highway, though we expect he would find it difficult to prove that. If you have received a summons, we suggest that you send it on to us for inspection. Your proper line of defence is to put in your certificate of registration under the Motor Car Acts, and then to draw the attention of the Court, or the magistrate's clerk, to the fact that the schedule to the 1896 Locomotives on Highways Act, under which you run, specifically states that the enactments which are not to apply to light locomotives are : Locomotives Act, 1861, except with regard to tolls and other incidental points; the whole of the Loci,motives Act of 1865, and part II of the Highways and Locomotives Amendments Act of 1878. As there is no notice on the bridge, we are entirely at a loss to follow how any summons whatsoever can he successfully issued against your driver or you.