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Towing: What is the Legal Position?

16th February 1951
Page 51
Page 51, 16th February 1951 — Towing: What is the Legal Position?
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Which of the following most accurately describes the problem?

'HE King's Bench Divisional Court recently held that a breakdown lorry drawing a disabled lorry was e an articulated vehicle and that an attendant, in ldition to the driver, was accordingly necessary It is observed from Press reports that the defendants id submitted to the magistrates that at the material ne the broken-down vehicle was being drawn by a ash wagon with its front suspended by a cable from e jib of the crane, in such a way as to prevent the ont wheels of the lorry from touching the ground, and at no part of the lorry was in physical contact with

e breakdown vehicle, the two vehicles being held ,art, by a rigid tow bar. Not less than 20 per cent. : the weight of the lorry was borne by the breakdown !hide, and it was contended that the two vehicles gether constituted an articulated vehicle, as defined by egulations 3 (1) of the Motor Vehicles (Construction id Use) Regulations, 1947, and that, consequently, by

egutation 85, the requirements of xtion 17 (2) of the Road Traffic Act, )30, did not apply. The Divisional ourt, however, ruled that the vehicles ci not together constitute one articuted vehicle.

Without detailed knowledge as to the mstruction of that particular crash agon it would, of course, be difficult express an opinion, but I think it ill be generally agreed that some of

lese vehicles are fitted with an ordin-y body, capable of carrying and used nthe carriage of goods (other than ose tools and equipment), to which a small crane has :en fixed.

Such vehicles are not. I would suggest, motor tractors i defined, and, if not exceeding 3 tons in unladen eight, are probably more correctly "motorcars," as !fined in the Road Traffic Act, 1930.

The real point at issue here, surely, is whether crash agons are "motor tractors" or "motorcars?' This would, to a certain extent, be governed by the ite of duty paid, i.e., whether licensed under the prosions of Schedule 3 or Schedule 4 of the Vehicles F,xcise) Act, 1949. Generally speaking, such vehicles re licensed as "goods vehicles." If, therefore, the thicle is a "motorcar," the towing of a broken-down !hide whereby only its rear wheels are capable of ruching the ground could be described as a case of "motorcar" towing a " two-wheeled trailer?' By virtue of Regulation 85 of the Motor Vehicle 7onstruction and Use) Regulations 670 of 1947, it is ot necessary to provide an attendant in those numstances.

I would be interested to know if this contention would ave been justified in this particular case or in any titer similar instance.

London, N.W.9. EAGLE.

. HANDLING THE NAUGHTY BOYS OF B.R.S.

k WEEK or so ago, during the course of my business, I had occasion to contact a British Road Services epot regarding the whereabouts of some goods con[pied to my company. Getting through on the telehone, I asked for the foreman, who is the man with thorn I normally make contact, but I was informed that

e had gone to a B.R.S. school.

Making further inquiries about this wonderful pro

ject, I gathered that classes are held regularly for foremen and managers, and amongst the subjects which they are presumed to be taught is the art of handling men— what to say, or not to say, and how to say what is said when the men have been naughty boys. It looks very much as if the B.T C. is yielding easily to T.U.0 pressure.

I may add that my foreman friend is furious with the whole project. He has been handling drivers and mates for about 25 years, and says that in his experience there is now more trouble, discontent and slackness than ever there were in the days of private enterprise.

London, N.W.10. L. J. WILLIAMS.

CAN LIVERPOOL'S BUS SYSTEM BE IMPROVED?

AN article was recently published in a daily paper concerning passenger transport in Liverpool. From what 1 know of this, however, it does not seem to have occurred to the powers that be that thousands of pounds are lost there as the result of dead mileage. For example, the mornpeak buses return from the city to their depot empty and, later in the day, again proceed empty back to the city to cope with evening peak transport. Why not park most of these vehicles in the city on the various bomb sites?

Also the question of maintenance during the day might be given consideration. The buses requiring servicing could be worked back on service to convenient points, and replacements returned in a similar manner. Quite a lot of money expended on wages for maintenance might be saved in this way.

There are even examples of buses arriVing in the city for the evening peak traffic without the lights being in order. 1 have noticed also that many of them are turned out in a condition the reverse from clean. Could they not be washed during slack periods'? I know of one bus that had a damaged blind for a period of three weeks.

Then there is the matter of unused portions of ticket rolls. Surely these could be sold as waste paper instead of being draped around the streets, as so often happens in defiance of the city surveyor's request, carried on the refuse-collection vehicles.

hope that the assembly of bodies at Edge Lane will soon cease. This must incur additional labour costs and occupy valuable storage space. Possibly, investigation into the working of a transport department as carried out at Manchester would reveal where a great amount of the expenditure occurs.

It would be interesting to know what percentage of the fleet is in operation at the most important peak periods.

Liverpool, 12. 1. E. EATON.

POOLING FOR TRADERS' VEHICLES

THE other day, in arguing a case for a B licence before the Licensing Authority, I inadvertently referred to the " Battle " of Britain.

Accepting the Festival of Britain as a not unreasonable parallel, it seems to me that the pooling of C-licence vehicles might be temporarily restored to advantage during the somewhat troublesome months ahead.

London, S.W.11. E. H. B. PALMER,