OPINIONS and O UERIES
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The Editor invites correspondence on all subjects connected with the use of com
mercial motors. Letters should be written on only one side of the paper. The right of abbreviation is reserved and no responsibility for views expressed
is accepted. Queries must be accompanied by a stamped, addressed envelope.
REAR LIGHTS ON COMMERCIAL VEHICLES.
WILL you kindly put me right regarding lighting Tv regulations in the following connection:— Some two or three years ago I understand that the position of rear lights on vehicles was further defined to ensure that such rear light is not fixed higher than a certain distance above road level, but with the proviso that the regulations should not be deemed to be broken if a suitable reflector occupied a position below the maximum height with the red light above such line.
What I now wish to know is, do the regulations also apply to public-service vehicles, and, if not, what is the exact legislature regarding rear-Light positions on such vehicles? S. J. RHODES. London, N.W.S.
[The rear light may be on the centre line or the off side of the vehicle, mild not more than 6 ft. from the rear. Except in the case of public-service vehicles, it must not be more than 3 ft. 6 ins, from the ground, unless a red reflector and white surface which comply with the regulations be carried at, or below, that height. It appears, therefore, that in the case of a public-service vehicle the light can be fixed at any reasonable height, as can be noted on many examples.—En.]
DEALING WITH A WHALE OF A JOB.
WE enclose a snap of a rather unusual load we had VV to deal with last week. [This is reproduced.—En.] A blue-nosed whale, weighing 4-3 tons, was washed up on St. Osyth beach, near Clacton-on-Sea, and although several authorities were approached, it was left finally with the sanitary inspector to deal with, and he approached us to handle it.
After a struggle, we loaded it on to a trailer, and had to manhandle the trailer and whale 500 yards through loose sand, with the assistance of some 150-200 holiday makers. After we got on to the hard road, we hitched it on to a lorry and towed the whale to a brickfield 10
miles away for a respectable burial. The head was cut off and sent to the National Museum.
Could the railways object to this job, as an entirely new class of work? You will note that a Morris-Commercial lorry is being used for this job. It forms part of a fleet of 12 vehicles of this make. " E. 0. HOOKS.
Manning-tree.
MR.. FUN'S VIEWS ON THE LIABILITY OF DEALERS.
I HAVE read the article on "Limits of a • Motor I Dealer's Liability" by A.S.R., arid, unfortunately, I know little about the law covering such cases, but from what I have heard and read I think it would be advisable to take legal opinion on the subject, so that if A.S.R. be wrong motor dealers will not be misled into adopting a defiant attitude when the buyer attends on him with "extravagant claims."
It is not lawful to use on a road any vehicle which does not cornply with the regulations applicable to the vehicle in regard to construction, weight and equipment. That is provided by Section 3 of the 1930 Act.
I believe it is the Sale of Goods Act, or some statute with a similar title, that has been the basis of many successful claims by buyers that the seller sold goods unsuitable for the purpose for which the seller knew the goods were to be used, and was therefore liable for any damage or loss suffered by the buyer.
If that be correct, the fact that a dealer omitted to supply a driving mirror or windscreen wiper could not be defended by the dealer on the grounds that he did not think it was necessary, because the provision of mirrors and windscreen wipers is made necessary by the "regulations governing the construction, weight and equipment of motor vehicles." I do not suggest that the operator can avoid responsibility and punishment, but I do assume that he could await upon the dealer with an extravagant claim with a good chance of persuading the dealer (or failing him, the Courts) to accept it.
A similar position arises hi respect of illegal width and overhang. These, too, are points covered by regulations governing construction, weight and equipment.
A.S.R., perhaps, makes the mistake of confusing the different parts of the Construction and Use Regulations. If these provisions were part of the "regulations governing the use of motor vehicles," then the blood might certainly be on the buyer's own head, although blood might also be frequently referred to in epithets directed at the dealer by the buyer.
As to the legal writing which A.S.R. mentions, this is a regulation as to use, and perhaps there would be some question there that the responsibility was more upon the buyer, in that the Act does not make the use of the vehicle on the roads unlawful without the necessary markings, although it does make the user liable to a penalty.
The article mentions the dealer's legal liability as to roadworthiness, and the author obviously has in mind Section 8 of the 1934 Act, and this is clearly emphasis on the need for the dealer to provide such things as mirrors and windscreen wipers, and provides an indirect remedy for the buyer who has found himself penalized for failure to have the vehicle so equipped.
This section makes it an offence to sell, supply, or oiler a motor vehicle for delivery in such a condition that its use would be unlawful by virtue of Section 3 of the 1930 Act.
There is one, other point. A.S.R. leads dealers to believe that the provision of a weight slip by a dealer which is acceptable to a licensing authority fulfils the seller's obligation. I think this should be amplified, for I feel certain that there would be an obligation upon the dealer to show that the weight certificate indicated its licensing weight in the condition in which it was when delivered to the buyer. The alteration of wheels and tyres is a thing which could be done (presuming always that there be a dishonest commercial vehicle dealer in the business somewhere, other than in the Old Kent Road) for the purpose of obtaining a weight ticket acceptable to the licensing authority.
If A.S.R. had written his article with the sole view of warning operators of the troubles. and tribulations
attendant upon the use of a vehicle that does not con form to statutes and regulations, and of the carefulness by which they could protect themselves against the care lessness of the dealer, all would be well. The article is, however, headed, "Limits of a Motor Dealer's Liability," and, as such, if read by dealers, might indicate to them that they have not so many responsibilities in the supply of a motor vehicle as they imagined, whereas, in fact, the contrary prevails----they have far more responsibilities than they imagine in their most
despondent mood. F. A. FLIN, Director,
London, S.E.15, M.T. Co. (Regal Garage), Ltd.
THE PROPOSED REGULATIONS ON VEHICLE PLATING.
OULD you please let me know about the new laws VV coming into force concerning the weights of lorries and the loads they will be allowed to carry?
Sidcup. B, WILLIAMSON.
[So far, the proposed regulations on plating are only in
draft form, but the main points are as follow. New vehicles registered on or after July 1 this year, and from January 1, 1941, all vehicles registered before July 1 will be required to carry a plate permanently attached to the near side and bearing (a) the name of the concern from which the plate was obtained or a mark by which its identification can be secured ; (b) the name, letters or numbers or a combination of these, assigned by the maker to the type of chassis, and in the case of vehicles first registered on or after July 1, 1939, the year in which the plate was obtained ; (c) for those vehicles registered on or after July 1, 1939, the serial number ; (d) the maximum safe laden weight of the vehicles. In the case of any modification affecting the weight-carrying capacity, the plate must be replaced by one suitably inscribed. Where vehicles are registered as aforesaid, there must be stamped on the chassis or indelibly marked on a plate permanently secured to the chassis by the maker, a serial number or letters by which the chassis may be identified. This must be at the near side within 6 ft. from the front and observable without dismantling any part of the vehicle. The maker will be responsible for giving the maximum weight limit and will probably incorporate in this a reasonable margin of overload. Where there is no responsible maker or a vehicle has been modified, decision will be made by a Vehicle Plates Committee appointed by the Minister of Transport. Any operator of a plated vehicle carrying more than the gross load permitted will, of course, be liable to prosecution.—En.]
WHO IS TO SPEAK FOR THE INDUSTRY?
HERE are one or two points regarding subjects uppermost in our minds to-day, and I believe that my remarks present something of a new angle on these topics.
Although not for one moment denying the pressing need for a settlement of road-rail problems, with particular regard to rates, I do not think it at all reasonable or even necessary that one man should, without previous consultation with the many interested parties, appoint himself arbiter for the whole road-transport industry in the negotiations now proceeding.
At no subsequent time, moreover, has Mr. Sewill turned, as it were, from the conference table and asked us: "Am I carrying out your wishes—are you in agreement with the course I am taking? " I fear that such single-handed action may lead to a complete breakdown of any settlement reached, through the very natural instinct of road hauliers to have nothing to do with conditions and regulations upon the framing of which they were never consulted.
Coming now to the second subject, I am going to make a bold statement in saying that a future war would bring a virtual end to long-distance road haulage in this country. My conclusion is based on the following assumptions, all of which, it must be admitted, are substantially correct.
At the conclusion of war, a vast number of men and vehicles would be abroad in Government service, and many vehicles, whether at borne or abroad, would be unfit for further use; the production of commercial vehicles of orthodox types would be at a standstill; many road-haulage firms would, at least temporarily, have gone out of business, and, in general, the industry would be in a very bad way. Now, remembering the economic atmosphere prevailing after the last war, is it not reasonable to suppose that the railway companies, themselves recovering from a period of state control, would demand that no further competition be permitted from road services, "at least," to quote their probable argument, " until we have recovered our pre-war position "?
Even taking the most optimistic view, it is difficult to visualize the road-transport industry being allowed to
regain its former magnitude. J. P. UINE. London, E.7.
[Mr. Hine should understand that although Mr. Sewill as chairman may have to do much of the speaking at the meetings of the Road-Rail Central Conference he is acting as spokesman for members of a representative committee. However, we will leave him to defend himself, and think that he will be rather amused to find himself considered as being in the position of a dictator. We have already referred to the danger of the suggested control of road transport in war time, by which a vehicle might be given a limited radius of operation. We would point out the need for an assurance that this would be a purely temporary measure for the period of hostilities. Curiously enough, it was the war of 1914-18 which brought road transport into such great prominence. We can hardly believe that if there is to he another war, the great work which road transport would undoubtedly perform would be rewarded by more drastic restrictions. However, the role of the prophet is seldom appreciated, and the most important thing for the industry to do is to carry on with its own organization and unification, and thus place itself in the strongest possible position. This applies with particular urgency to the haulage side of our industry. So far, the Government has not thought fit to meddle unduly with the work of the C-licensee. Closer co-operation between haulage interests is to be strongly recommended. They should be in the position to speak with one powerful voice.—ED.]