Licensing Problems Elucidated
Page 44
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• In This and Subsequent Articles, Typical Questions Concerning the New Restrictions on Goods Transport by Road will be Answered
pTiTTING into operation any new legislation of a fairly comprehensive nature is always a matter of considerable difficulty, particularly where an Act has to be followed by a host of regulations. In connection with the Road and Rail Traffic Act, judging from the hundreds of inquiries which we receive weekly it is certain that the large majority of goodsvehicle operators fails to appreciate the significance and full extent of the new laws. We will, therefore, deal in this, and in subsequent issues, according to requirements, with what may be termed, typical queries, giving, in each case, first the question and then our answer. We are purposely keeping the answers as free as possible from technicalities and legal phraseology.
Application forms will probably be available at the beginning of January, but we are not alluding to them under their present designations because they are only in draft form and may be amended. Full details of the exact forms to be used will be published immediately they become available:—
QUESTION: I wish to start in business as a haulier carrying either (a) loads for other people, or (b) my own goods with other loads as occasion arises. Am I likely to be permitted to operate?
ANSWER: In purchasing a vehicle immediately you would be taking a risk, unless you can arrange for a definite contract on which the vehicle or vehicles would be used exclusively for a continuous period of not less than one year and would carry goods, etc., only in connection with that contract, for on and after the "appointed date" (that contemplated is July 1, 1934) it will not he lawful for any person to use a goods vehicle on a road in any capacity unless it be authorized by a carrier's licence or is exempt from the licensing system. This exemption applies only to tile use of goods vehicles for any purpose not connected with trade, to agricultural vehicles (the restricted use of which qualifies them for reduced rates of taxation under the Finance Acts) and to public service passenger vehicles carrying parcels.
If you (a) carry only ''for other people, you will require a Class A licence ; or (b) partly your own and partly other people's loads, a Class B.
The licensing authority is bound to grant applicatione for "contract" tonnage, but the newcomer who is nor buying vehicles to satisfy specific contracts will have to apply for " discretionary " tonnage, for which the authority has full power to grant or refuse licences after making full inquiries and considering any objection received.
Application must be made at least eight weeks before the date on which the licence is to take effect.
Anything that you can submit to prove the need for the operation of your service, particularly where you claim for a Class B licence, will help your case.
QUESTION: I have been operating a haulage business for some years and wish to replace some of my older vehicles by newer types. Is it safe to do this, and what tonnage may I apply for?
ANSWER: It is actually advantageous for you to purchase new vehicles as soon as possible—at least, up to what is termed the " claimed " tonnage. This is the maximum total unladen weight of the vehicles owned and used by you at any time during the year beginning -on April 1, 1932, and ending on March 31, 1933, and for which the authority is required to grant the application without considering objections. Any n26 tonnage bought after that time and constituting an addition to the total unladen weight operated as above is " discretionary " and may be granted or refused according to the strength of the case put before the licensing authority. Another advantage of having new tonnage in replacement for old is that a vehicle will be liable to inspection (whether subject to the licensing provisions of the Act or not) and its use may be prohibited until defects have been remedied.
Application for Class A and Class B " claimed " tonnage must be made not later than April 1, 1934.
QUESTION: I am running a fleet of vehicles, several of which are used entirely on my own work, and other!! do occasional haulage work. What licences shall I require, and how much tonnage may I claim?
ANSWER: There is no restriction on the tonnage used for the transport of your own loads, but you will have isa apply for a Class C licence, and the vehicles will, of course, be subject to inspection.
• Your other vehicles fall into Class B, and when the forms are available (early in January) you should put in for Class B " claimed" tonnage in respect of a weight not exceeding the maximum total unladen tonnage owned and used by you at any time during the year beginning on April 1, 1932. Any further tonnage purchased for this mixed work since that date must be applied for as Class B "discretionary" tonnage.
QUESTION: I was running several vehicles on haulage work up to the beginning of 1932, but reduced the number to two after that time. May I claim in respect of the fleet I originally operated?
Asiswee: You will not be entitled to apply for "claimed" tonnage for anything above the maximum 'unladen weight of the vehicles actually owned and used by you during the year beginning on April 1, 1932. You will, of course, be permitted to make application for the other tonnage, but this automatically becomes "discretionary," and may or may not be granted.
QUESTION: My business is that of a wholesale grocer, and'I carry nothing but my own goods, although I was thinking of trying for some return loads. What are my prospects? ANSWER: We would advise you not to enter into competition with regular hauliers in the matter of return loads if you have not already made a practice of carrying out this work.
You must, of course, apply for a Class C licence, which the authority is bound to grant, although the vehicles may, later, be inspected by an examiner and their use prohibited unless they be in serviceable condition, the prohibition remaining in force until the examiner is satisfied that the defects have been remedied. Incidentally, a refusal to remove a prohibition on a vehicle will give the owner the right to appeal to the Minister of Transport.
If you do decide to undertake the carrying of return loads for other people, you will require a Class B licerice covering the particular, vehicles concerned, in which case, should you decide to operate in this manner, your application would probably be treated as one for " discretionary " tonnage. If this-were refused, you could still apply for the vehicles to be considered as operating under a Clam C licence. It is important to remember, however, that no vehicle can belong to two classes—a vehicle stipulated on a Class C licence cannot be used on work covered by a Class A or Class B licence.