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THE ROAD AND F \IL TRAFFIC BILL T HIS Bill is

21st April 1933, Page 44
21st April 1933
Page 44
Page 45
Page 44, 21st April 1933 — THE ROAD AND F \IL TRAFFIC BILL T HIS Bill is
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Which of the following most accurately describes the problem?

to regulate the carriage of goods on roads by motor vehicles, and prevent the use of vehicles on certain roads ; to amend the provisions of the Road Traffic Act, 1930, relating to the wages, hours and other conditions of employment of persons employed in connection with motor vehicles; to amend the law relating to railways ; and to make provision for constituting a Council to advise on questions in connection with the facilities for transport.

The complete text can be obtained from H.M. Stationery Office, or through any bookseller, at 9d. net., whilst a digest of about half the length of the complete Bill, containing all the clauses merely shorn of what the ordinary man might consider to be redundancies, can be obtained, free of charge, on application to the Secretary, the Commercial Motor Users Association, 50, Pall Mall, London, S.W.1.

The official document commences with a financial memorandum, which points out that the Bill is divided into three parts. Part I provides for the licensing and regulation of goods vehicles under the jurisdiction of the Chairman of the existing Area Traffic Commissioners (in London, the Metropolitan Traffic Commissioner). An appeal tribunal consisting of three members is to deal with appeals arising out of the issue, revocation or withholding Of licences.

The Bill provides for the appointment of examiners to secure that goods vehicles are maintained in a condition of fitness and used in accordance with the conditions of the licences under which they are authorized.

Fees will he charged for the granting or variation of licences, of an amount sufficient to produce a revenue approximating to the expenditure. Appeal fees will be fixed by the tribunal with the approval of the Treasury. It is hoped that the expenditure for licensing and examining will be covered by about £130,000 a year.

Part II amends, in certain respects, the law relating to railways.

Part HI sets up a Transport Advisory Council, the expense of which should not exceed 1500 per annum.

A Bill with 38 Clauses.

The Bill consists of these three parts and includes 38 clauses. The following is a résumé which includes some of our own observations :— 'Clause 1 provides that no person shall use a goods vehicle for the carriage of goods for hire or reward, or in connection with his trade or business, unless there be in force a licence authorizing him to use the vehicle for that purpose.

Clauses 2 and 3 provide for three types of licence :—(A): the public carrier's licence, valid for two years. This is the type required by the regular haulier whose whole business consists of the carriage of goods for others, and it permits the use of the vehicles specified therein. (B) The limited carrier's licence, valid for one year. This is for the ancillary user, who also employs his vehicles for general haulage. .(C) The private carrier's licence, valid for three years, and intended for the ancillary user who carries goods only in connection with his own trade or business. This is the form required by manufacturers, distributors, etc.

Certain vehicles are exempted from the licensing provisions, although they will be subject to the requirements of the Bill as to maintenance in a condition fit for service. The exemption applies to vehicles used for road cleansing, the collection and disposal of refuse, or for police, fire. brigade and ambulance purposes. Exemption is also accorded to those vehicles used in agriculture in respect of which excise duty is paid at a reduced rate under the Finance Acts, i.e., registered in the name of a person engaged in agriculture and used solely for the haulage and conveyance of the produce of, or articles required for the purposes of, agricultural land which he occupies. Another concession made to agriculture will enable a person engaged in it in any locality to Carry, under a C licence, the agricultural produce of another person so engaged without being obliged to take out a public or limited carrier's licence. A. further exemption is that of trailers used for any purpose when drawn by vehicles constructed solely for the carriage of not more than seven passengers excluding the driver.

A. haulier already in business is to he given, without question, A or B licences, as the case may be, during the first currency period, for a tonnage of vehicles equivalent to that owned and used by him during the year ending

B30

May 31, 1933; otherwise, the licensing authority is to have discretion as to whether to grant or refuse A or lii licences, and must take into account, amongst other considerations, any objection that may be made by other persons who are already providing facilities, whether by road, rail or otherwise, in the same area as the applicant, on the ground that transport facilities in the areas which the applicant intends to serve are, or, if the application were granted would be, either generally or in respect of any particular type of vehicle, in excess of the requirements of these areas.

Licences that Must be Granted:

The licensing authority must grant C licences unless the applicant has previously had a licence revoked or suspended. It is important to note that, in the case of A and B licences, separate applications are to be made in respect of each base or centre from which it is proposed that vehicles shall be operated.

As regards C licences, application is to be made in the area in which the principal place of business of the applicant is situated.

It should also be observed that trailers are considered as vehicles requiring to he included in a licence.

With a view to enabling goods vehicles to be used temporarily (a) for the purpose of a seasonal business, (b) for the execution of particular work, (c) pending the determination of an application for a licence for the currency period, or (d) for any other purpose of limited duration, short-term licences may be granted for a period less than the currency one, but not exceeding three months.

The following conditions are attached to all licences :— (1) the vehicles shall be maintained in a fit and serviceable condition ; (2) vehicles used under licence shall comply with the appropriate limits of weight and speed ; (3) drivers of vehicles shall comply with the requirements of Section 19 of the Road Traffic Act, 1930, regarding the hours they (remain on duty; (4) except where the nature of the business makes it impracticable to do so, records of hours and journeys shall be properly. kept. Holders of A. and B licences will also come under the requirements of the Fair Wages Resolution, in respect. of their drivers and statutory attendants.

There is no restriction as to the routes upon, or Ohl areas within which vehicles operated under an A licence may be used, but the authority may attach conditions to a B licence restricting the vehicle as to area, nature of commodities, etc., when carrying goods for hire.

Failure to comply with the condition of a licence may entail its suspension or revocation.

Current Records are to be Kept.

!Clause 14 provides that current records shall be kept showing (1) the hours of drivers ; (2) particulars of the itineraries of each journey and of the weights, description and destination of the goods carried. The recommendation of the Salter Report on this point was endorsed by the Committee on Local Expenditure presided over by Sir William Ray. Licensing authorities may, however, dispense with this proviso where the nature of the business renders it impracticable for records to be kept, and they are directed to grant such dispensation to vehicles used in the business of agriculture.

Examiners will have power to examine the journey records and to observe whether a vehicle is being operated in accordance with its licence; they may also require vehicles to be weighed, and they will be available for the better enforcement of Section 19 of the Road Traffic Act, 1930.

It appears that examiners are to be given almost as much power as the police, for Clause 15 (2) provides that an examiner shall, at any time, on production, if so required, of his authority, be entitled to enter and inspect any goods Vehicle, 'and for that purpose may require any such vehicle to be stopped. A driver who, when required by an examiner, fails to stop a goods vehicle or to produce any such document as aforesaid, is to be held guilty of an offence.

Vehicles considered unfit for service may be prohibited from use on a road, but where, in the opinion of the examiner, the defects are such that can be remedied within any period not exceeding 10 days and do not involve immediate risk to public safety, the prohibition shall not come into operation before the expiration of that period and shall not continue in operation if any examiner, being satisfied that the defects have been, or are in the course of being, remedied, " withdraws the prohibition before the expiration t)f that period.

Appeals Concerning Vehicle Fitness.

A personaggrieved by the refusal of an examiner to remove a prohibition may apply to any licensing authority to have the vehicle inspected, by •a certifying officer appointed under Section 09 of the Road Traffic Act, 1930, and any person aggrieved by the refusal of the certifying officer to remove a prohibition, may appeal to the Minister, who can make such Order on the appeal as he thinks fit.

An important point in -connection with licences is that their transfer is prohibited.

The Minister is permitted to make regulations generally for the purpose of carrying this part (1) of the Bill into effect Any regulation made by Mm. shall be laid before both Houses of Parliament as soon as possible after being made, and if an address be presented to His Majesty by either House of Parliament within the next subsequent 28 days on which that House has sat after any such regulation is laid before it, praying that the regulation shall he annulled, it shall become void.

finder Clause 24 the Minister is given power, after consuttation with the Transport Advisory Council, to prohibit or restrict the use hy vehicles of specified' classes and descriptions of roads of any specified class, on grounds of public safety or convenience.

By sub-clause 2, powers of the Minister under Sectio4 46 of the Road Traffic Act, 1930, to make Orders restricting the use of vehicles on specified roads, are to he exercisable by local authorities, subject to confirmation by the Minister.

information Required on Licence Application.

Reverting to the issue of licences, a person applying for a licence shall submit to the licensing authority a statement in the prescribed form (a) containing the prescribed particulars of motor vehicles proposed to be used under the licence, which belong to the applicant or are in his possession under a hire-purchase agreement, or which, if the application be granted, he intends to acquire or to obtain possession of under such agreement, and setting out the number and type of hired motor vehicles and trailers proposed to be so used, also (b) specifying, in the case of an applicant for A or B licences, the facilities for the transport of goods intended to be provided by him under the licence for other persons, including particulars of the locality within which it is intended that the authorized vehicles will normally be used for carrying goods for hire. If required by the authority, the applicant shall specify (a) such• particulars as are requested with respect to any business as a goods carrier conducted by the applicant at any time before the making of the application, and of the rates charged by him; (b) particulars of any agreement or arrangement entered into by the applicant with any other person to whom facilities are provided, whether within or without the licensing area; (c) particulars of any financial interest which any other person providing facilities for the transport of goods, or controlling the business of any person who provides such facilities, has in the business of the applicant ; (d) particulars of any such in terest which the applicant has in the business of any other person who provides facilities for goods transport within the licensing area.

Where applications for A or B licences are made by a person in respect of two or more bases in the area of the same authority, that authority may, if he thinks fit, grant a single licence in respect of those applications or any of them.

The licensing authority, in exercising his discretion to grant or refuse an application for an A licence, shall have regard to (a) the number and type of vehicles proposed to be used under the licence ; (b) the previous conduct of the applicant in the capacity of a carrier of goods. In exercising his discretion in connection with a B licence he shall have regard to (a) the extent to which the applicant intends to use his vehicles for the carriage of goods for hire; (b) the number and type of vehicles proposed to be used under the licence; (c) the previous conduct of the applicant as a goods carrier.

If, on an application for an A licence, an applicant satisfies the authority that any of the authorized.' vehicles will be used exclusively for the purpose of a contract entered into with a person carrying on a trade or business (not being that of the carriage of goods) for the carriage of goods in connection with that trade or business during any continuous period of not less than one year, the authority shall, unless he be satisfied that, having regard to the previous conduct of the applicant as a carrier, he is not a fit person to receive a licence, grant the application so far as regards that vehicle, subject to the condition that at the termination of the contract it shall cease to be an authorized vehicle, unless the authority, on an application made to him, otherwise directs.

A vehicle must not be included in a computation of -aggregate weight for the purposes of more than one application for a licence by the same applicant, but he may elect as to the application for the purposes for which a vehicle is to be included.

Limitations Attached to a 13 Licence.

The authority may, in his discretion, attach to a B licence, as respects the user of the authorized vehicles, or any of them, for the carriage 'of goods for hire or reward, all or any of the following conditions 1—(a) that they shall be so -used only in a specified locality ; (b) that only certain classes or descriptions of goods shall be so carried ; (e) such other conditions (not in respect of the rates charged) as the authority may think fit to impose in the public interest and 'to prevent uneconomic competition.

Part II of the Bill deals entirely with railway traffic, and Clause 29 concerns what are termed flat or composite rates which have hitherto been illegal. Now, an agreed charge and the conditions attaching to it will become legal if approved by the Railway Rates Tribunal, but any trader who considers that-his business will be detrimentally affected by it may be heard in opposition to the application, and at any time after one year any trader who considers that his business has been detrimentally affected by such charge may apply to the Tribunal for the approval to be withdrawn.

Clause 31 relieves the railways of thegoblig-ation to obtain prior consent of the Tribunal before granting an exceptional rate less than 5 per cent, below the standard rate.

By Clause 33 the Minister may, on application made to him by the railway concerned, and he is satisfied that it is expedient to do so, direct that the gates of any level crossing over a public road shall be kept closed across the railway instead of across the road, either constantly or at times when he thinks fit.

Part III of the Bill deals with the appointment of a Transport Advisory Council consisting of not less than 22 and not more than 25 members, to be appointed by the Minister. This clouncil is for the purpose of giving advice and assistance to the Minister in connection with the discharge of his functions in relation to means and facilities for transport and their co-ordination, improvement and development. Membership is to include representatives as follow :—users of motor vehicles, 5; users of horses, 1; other road users, 1; local authorities in England and Wales, 3; local authorities in Scotland, 1; railways, 2; canals, 1; coastwise shipping, 1; harbour authorities, 1; labour, 2; trading interests (including agriculture), 4.


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