Second Thoughts on the Road Traffic Acts By E. S. Herbert, Partner, Sydney Morse and Co.
Page 39
If you've noticed an error in this article please click here to report it so we can fix it.
THIS paper is really a continuation of a review of the 1 Working of the licensing system set up under the Road Traffic Act, 1930, which was given before the Institute of Transport in November, 1932, The author now deals with three questions :—How far is the system proving a cure for the ills it was designed to cure? What new problems are being created? Whether, and to what extent, defects in the system can be traced to the nature of the system and to the administrative policy which is being developed.
in 1932 the position with regard to private hire or contract carriages was most unsatisfactory. In the discultlion on his earlier paper the author was asked if he could tell the inquirer whether a particular operation would fall under the heading of contract-carriage work or not. The best answer that could be given was that the operator would know when he had been either acquitted or convicted. The author put forward a plea that the industry shOuld give consideration to the whole matter and try to agree upon a differentiation between contract-carriage work and express and stage-carriage work.
Legislature's Intentions Misconstrued.
During 1933 the matter became more urgent. As the result of certain decisions of the High Court, it was clear that many forms of operation fell into the category of express or stage carriages which were intended by the framers of the Act to be considered as contract work.
The Commissioners found that they could not stop innocent but illegal services which were meeting a public demand, unless they could devise a form of licence which would legalize the matter. in some areas they set about this task ; in others they took the view that it was impossible to frame a satisfactory form, and that the solution lies in further legislation redefining contract-carriage work. The latter turned, so far as possible, a blind eye row1rds the innocent offenders.
Lengthy hearings took place, and it became clear that the true view was that the matter must be dealt with by legislation, and by Section 25 of the Road Traffic Act, 1934, amendments were introduced into Section 61 of the Road Traffic Act, 1030, which provided in effect that a contract carriage should not cease to he such if separate payments were made, provided certain conditions were complied with.
This represents a successful effort to express what the industry properly regards as private-hire work, and provides an admirable example of the sort of consultation between the industry and the Government Department concerned necessary if schemes of regulation, such as the licensing syslem, are to work The trouble and expense, continuing over two years, illustrate the perils of subjecting a vital and ever-changing industry to rigid statutory control.
Growth of Extended Tours.
One of the most striking developments is the growth of "extended tours," the main feature being a complete tour of several clays at a fare to include travel, hotel and other facilities. The original form was a tour going from place to place. This type rapidly gained popularity, and questions arose as to whether the same consideration should apply to these as were adopted in the licensing of ordinary excursions, such as those to the Derby. This matter went on appeal to the Minister, who concluded that it is an advantage to the public that a wide range of choice of tour should be offered, and that unless a tour be almost identical as to price, route and places visited with one already authorized for another operator, the application should, prima facie, be granted. Since this decision the number has greatly increased.
A development is the " fantail " tour. It had been found that passengers tire of moving from place to place and often prefer to be carried to their destination and there ltift free on certain days to pursue their own devices, and on other days to be taken for excursions in the district of the destination by means of the vehicle which brought them. This presents far more difficulty to the Commissioners than the original "land cruise." The express-carriage operators, the railways, and excursion and tour operators at the destination claim that the business of the fantail operator is partly carved out from that of the railways or express-carriage operators, and partly from that of the local operators. No general policy has yet been announced.
The question of types of ticket on express carriages can be regarded as being no more settled now than it wasfive years ago.
Experience with fares goes to show that the standard generally on stage carriages, although not fixed on any scientific basis, is about right.
As regards express carriages, the new fare schedules created by the Regional Committees have not been generally adopted by the Commissioners and the Minister, but compromise fares have been produced.
Sauce for the Goose—with Reserve.
The author has derived a good deal of cynical amusement both from the bland assumption by the railways that to reduce rail fares is a laudable public service but that to reduce road fares is a shocking piece of wasteful competition, and from the air of pained surprise with which the road operators meet the contention of the railways that the reductions in road fares have anything to do with the lowering of rail fares. The usefulness of the Regional Fares Committees has, therefore, been limited to obtaining agreement between the road operators.
Co-operation between municipalities and private enterprise is attributed by the author to the new licensing system. He is more certain than ever that the smaller operator has been the greater gainer as a result of licensing. It must be remembered that about 40 per cent, of all operators own only one vehicle each, and 80 per cent, fewer than five. Outside London there are about 40,000 vehicles, of which 12,000 belong to operators owning fewer than 10.
The practical effect of the working of the system has been to restrict road services to routes served five years ago with minor extensions, There can be no doubt that if it had not been for the licensing system the road pas. senget transport industry would, since 1930, have expanded much more rapidly than it has.
As regards the problems created, the expense and work of representation at public sittings have been substantially reduced, as has the proportion of cases contested, but these individually have become heavier and more complex.
A valuable reform would, the author believes, be an increase in the period for which a road service licence is current. At present, it has to be renewed annually and runs the risk of being objected to. The Minister might well consider the extension to three years.
Reduce and Simplify Licence Conditions.
Now that the Commissioners have established control of the industry generally, they might seriously consider reducing the conditions attached to the licences and simplifying their form. The author has seen road service licences consisting of a quarto printed sheet with some 20 foolscap pages of conditions attached. Many operators do not even know the exact conditions.
The author has changed his views regarding the appeal system. He formerly regretted that appeals should be to the Minister rather than to an independent body, and that the system had not led to the settlement of general principles. Now, he cannot help thinking that the Minister has been wise to adopt the policy of dealing with each case on its facts.
The author 'concludes that the object of the licensing system, which was to institute order Within the industry, has been obtained, but at the cost of less flexibility and power of expansion.