Licensing Problems Elucidated
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The Eighth Article of the Series in which We Answer Typical Questions on Different Subjects Resulting from the Passing of the Road and Rail Tragic Act
ALL the points dealt with this week have been mentioned in specific inquiries received amongst hundreds of others which have been answered direct. We must ask our readers to excuse us if some of the replies are not sent for a few days, but every letter on this subject is receiving the personal attention of the Editor.
Licensing a Mixed Fleet.
(39) QUESTION : Which amongst the following will require to be licensed under the Road and Rail Traffic Act? There are 54 vehicles in the fleet, and our business is that of wholesale warehousemen and manufacturers of soft goods :—(1) A 2-tonner which delivers fuiniture and parcels to customers ; (2) 15-cwt. vans from which travellers sell their goods to shops ; (3) lighter vans in which travellers only carry and show samples ; (4) private salooys carrying 'samples only for show.
ANSWER: The delivery of furniture and parcels to customers calls for a Class C licence, which also applies to all the travellers' vans—both those from which goods are sold and those in which samples are carried for show purposes.
The private cars, unless materially altered for the purpose, in which travellers carry only samples to show, do not come under the licensing restrictions, and can be licensed as private cars.
Who Should Obtain the Licence?
(40) QuEsnoic : I cannot quite see 4f I have to apply for a licence and, if so, what class I should require. I use a Garner six-wheeler which I consider to be a sound 4-5-tonner, and load it with anything from 3i to 5 tons.
I work for only one concern, the name of which is on the sides of the vehicle, and its tradezmark is on the rear of the body, my name appearing only on the doors. The usual working day of myself and mate is 10-12 hours, including loading.
ANSWER: As your vehicle, whilst being used entirely for the work of one concern, is driven by you, it will not be considered as operating under a "hiring margin," and it will be necessary for you to obtain a Class A licence if you use the vehicle only for carrying goods for hire or reward, or a Class B licence if, at times, you also carry your own goods in the course of trade.
If the people for whom you work are not carriers and you can obtain a whole-time contract of not less than one year's duration you could, if you wish, make application for " contract " tonnage, but the right to the licence would expire with the termination of the contract unless the latter were renewed. If, however, you wish to retain your vehicle for general-haulage purposes and you were operating at any time during the basic year (April 1, 1932-March 31, 1933), you have the right to make application for " claimed " tonnage for a Class A or Class B licence according to the conditions of use mentioned above.
1336 Even as an owner-driver you will have to observe the regulations regarding hours of driving and conditions of employment, which are as follow (1) The driver must not drive for any continuous period of more than 5i hours, any interval of less than half an hour not being taken into account ; (2) that a driver must not drive for continuous periods amounting in the aggregate to more than 11 hours in any period of 24 hours commencing 2 hours after midnight ; and (3) that a driver must have at least 10 consecutive hours for rest in any period of 24 hours from the commencement of any period of driving. Time spent by the driver on other work in connection with the vehicle or the load is reckoned as time spent in driving. Section 31 of the Road and Rail Traffic Act provides that time during which the driver is bound by the terms of his employment to obey the directions of his employer, or to remain on or near the vehicle, or during which the vehicle is at a place where no reasonable facilities exist for the driver to rest away from the vehicle shall be deemed not to be time which the driver has for rest.
Carrying Workmen in the Course of Business.
(41) QUESTION: I have two 30-cwt. vehicles, both insured to be used for general haulage and for my own private purposes, the latter consisting of taking my young son with me on trips, and, in the summer, conveying bedding, etc., together with my wife and children, to a farm where we stay for week-ends, Is there anything in the Road Traffic Act against this? My vehicle is sometimes hired by a contractor by the hour to cart building material, and, occasionally, used to take parties of his workmen to their jobs. Is this permissible ?
ANSWER: There is nothing in the Road and Rail Traffic Act to prevent a vehicle being used for private purposes as well as for the carriage of goods, so long as the appropriate licence has been paid. The contractor who hires your vehicle has the right to convey his own workmen to their various jobs.
Where a "Hiring Margin" is Not in Order.
(42) QUESTION: I have been a haulage contractor for 10 years and now have two vehicles working for separate concerns in the London area. They are not employed under legal contract, but there are written agreements hetw6en the firms using the vehicles and myself. Would these vehicles come under Class A? They have been working for the same firms for two years and transport goods for no one else. I wish to add another vehicle. Would it be advisable to purchase this on the chance of obtaining a "hiring margin," as I intend to drive it myself?
ANSWER: Your vehicles should certainly come under a Class A licence. So far as the purchase of another vehicle is concerned, you yourself will not be alile to claim for this on a "hiring margin," this applying purely to an actual firm using a vehicle, and is only required where the user also supplies the driver. You would merely require the addition of the vehicle to your Class A licence. You would have to make application for this additional vehicle as " discretionary " tonnage, unless you hire it out on a regular contract lasting at least one year, in which case you could apply for it as " contract " tonnage, but such vehicle must be used only for that contract, which must not be with another carrier.
A Case Where a Bigger Vehicle is Required. (43) QUESTION: I am using a 30-cwt. vehicle for delivery and collection work ior an oil company. Until recently I was carrying 50 cwt. for the same company on the same vehicle, but may shortly be called upon to carry heavier loads. Would it be necessary to obtain a larger-capacity vehicle, and what class licence shall I require?
ANSWER: If you wish to carry loads which are beyond the capacity of your present vehicle and desire to pur
chase a larger-capacity machine of greater unladen weight you will have to make suitable application.
It Is open to you to put in an application for a "hiring allowance" for the unladen weight a the vehicle you were using during the basic year .(this will be as "claimed tonnage "). At the same time you could make a separate application for 'discretionary tonnage in respect of the unladen weight of the bigger model, adding a note to the effect that, if this greater unlallen weight be granted as "discretionary tonnage." the application for the claimed tonnage will, be withdrawn
If you could obtain a regular contract with the oil company for at least one year, then you could be more certain of being successful, as, in that case, there would be no limitation on the unladen weight, but the currency
• of the licence would be only for the duration of the contract ; it would, however, be' renewable with a fresh contract. Your application for ". claimed " tonnage must be lodged before April 1, 1934; the forms will be available shortly, and you will require a Class A licence.