Conditions and Finance of Ministry Hire
Page 18
Page 19
Page 20
If you've noticed an error in this article please click here to report it so we can fix it.
Conditions
(1) These Conditions may be referred to as "The Minister of War Transport's General Conditions of Hire, of Goods Road Motor Vehicles," and when incorporated in any agreement nude by the Ministry of War Transport with a carrier for the hire of vehicles shall apply to such agreement.
(2) (i) During the period of hire, vehicles shall be employed by the carrier solely in the carriage of such goods or upon such journeys as the Minister may direct. In particular, and Without prejudice to the generality' of the power to give such directions, the Minister may, in his absolute discretion, direct that any of the vehicles shall (a) be sent on any journey at any time with or without a load; (b) be attached to any operational unit or group for the purpose of receiving instructions;
• (c) remain standing ,for any period at any place: (d) be laid up.
Provided that the carrier shall not be bound to conform , to any directions which would involve the breach of any statutory obligation.
(ii) While so employed the vehicles shall be for all purposes under the control and management of the carrier, who shall maintain the vehicles and employ duly licensed and qualified drivers and attendants and all other personnel necessary for the maintenance of the vehicles and their efficient operation under these conditions. It is the intention of the parties that the relation of the carrier to the Minister in the carriage of goods shall be that of an independent contractor.
(iii) All payments by the Minister are subject to the carrier supplying him with all returns that the Minister may require with regard to the operation of any vehicle. The carrier shall not utilize any vehicle in substitution for a hired vehicle without the consent of the Minister.
Carrier's Personnel Responsibility (3) (i) Subject to the provisions of para. 14, all personnel employed by or on behalf of the carrier in connection with the vehicles shall be the servants . or agents of the carrier and in no circumstances of the Minister. In respect of such personnel the carrier undertakes that lie will comply with all legal requirements and the wages and conditions of their employment shall not be less faVourable to them than those which would have to be paid or observed under a contract which complies with any Resolution of the House of Commons for the time being in force, applicable to contracts • with Government Departments, (ii) Drivers shall be deemed to be authorized by the carrier to accept full responsibility on his behalf in regard to the loading and movements of the s16 vehicles. Provided that where a direction had been given to the driver by the Minister or his agent which, in the driver's opinion, might by reason of the condition of the vehicle or any other cause existing at the time when the direction was given, become dangerous of performance or impossible of performance or impossible of performance without breach of a statutory obligation, he may, before attempting to comply with such direction, state in writing such opinion and reason to the person giving him the direction, and the carrier shall not .be liable to indemnify the Minister under Clause 7 (i) for any liability arising from the reason ho stated„ in wring in consequence of his attempting to comply with the direction
(4) It is a condition of payment that the carrier shall, during the period of hire, at his own expense maintain the -vehicles and their equipment in good working order and condition so as to be available for use when required and (with such exceptions as the Minister may direct or approve) licensed and insured-so as to enable them to be used for hire or reward
The Minister will allow such period for maintenance, repair and service as he considers reasonable, having regard to the prior use made of the vehicle during the period of the agreement, and will not withhold payment unless such period be exceeded.
Borrowing of Personnel
(5) Subject to any reasonable objection by the carrier to the personnel offered to him under the provisions of this paragraph, the Minister may-require the carrier to borrow, for such period as the Minister may direct, from any other carrier named by the Minister who is under a similar condition, attendants, loaders, mechanics. or any other personnel (except drivers)• when necessary in the Minister's opinion for the efficient operatiox of the vehicles or any of them; and may in the same manner and to the same extent require the carrier to lend personnel to any such other carrier as aforesaid for the operation of the vehicles of that carrier; and during the period of loan the personnel so borrowed or lent shall not be subject to the control or orders of the carrier by whom they were lent, but shall be deemed to be employed by the carrier by whom they are borrowed, but wrthout prejudice to the provisions of Section 5 (i) of the Workmen's Com
pensation Act, 1925. Drivers may. with the consent of the carrier, be borrowed in the same manner.
During the period of loan the wages, overtime, and allowances of any personnel so borrowed or lent shall be paid by the carrier by whom they are lent, but shall be reimbursed to him bY th,e carrier by iv'hom they are borrowed.
Provided always that the Minister shall not be entitled to call upon • the carrier to borrow or lend personnel under this condition if by so doing it would prejudice the maintenance, upkeep or servicing of the carrier's own vehicles ,or his obligations under the hiring agreement.
(6) The Minister may require the carrier to borrow from any other carrier named by the Minister who has entered into an agreement with the Minister containing a provision similar to this provision and for such period as he may direct, any lift van or trailer which is suitable for attachment to any of the hired vehicles or (in the case of a trailer) to any of the hired vehicles licensed and equipped for drawing a trailer. The Minister may, in theesarne manner and tothe corresponding extent, require the 'carrier to lend any lift van or trailer.
Minister Not Liable (7) (i) The carrier will indemnify the Minister against any liability of whatsoever nature arising out of or in connection with the use of the carrier's vehicles or out of any contract made by the Minister and a consignor for the conveyance of goods therein; and in particular and without prejudice to the generality of the foregoing, will indemnify the Minister against the consequences of the negligence of the carrier's servants or agents or of any other persons who, under these conditions, are deemed to be employed by the carrier in the execution of the hiring agreement The carrier will effect and maintain throughout the period of hire such insurance policies upon such terms and with such insurers as the Minister may from time to time direct, and to the extent to which the liability is covered by such policies the maintenance of them will be deemed to be a full satisfaction of the indemnity contained in this Condition.
If and so far as the Minister does not require the carrier to effect and maintain an insurance policy in respect of goods in transit the carrier shall not be required to indemnify the Minister under this Condition against any liability arising under the Minister's Conditions of Carriage.
(ii) The carrier shall produce any policy effected by him under this paragraph, or the receipt for the current premium therefor, at any time on reasonable notice by the Minister.
(iii) Nothing in this clause shall render the carrier liable to indemnify the Minister against any liability arising out of any material mis-statement made to him by the Minister or his agents as to the nature or weight of the load which he undertakes.
(8) The carrier shall cause to be painted, inscribed or displayed on the .hired vehicles any device or mark which may be issued or required by the Minister for the purpose ()I identification.
(9) Without prejudice to the requirements by any Act of Parliament or Statutory rules for the time being in force, the carrier shall keep such records of journeys performed by the hired vehicles on such form as the Minister may require.
(10) The carrier shall do everything in his power to see that all directions given to him by the Minister are executed with the maximum of efficiency and despatch, In particular, should any of the hired vehicles become unavailable , for service under the hiring agreement, whether due to shortage of staff or unfitness of the vehicle, the carrier shall inform the Minister as soon as possible in the manner prescribed by the Minister. Information shall also be given to the Minister of any accident, damage or delays to any of the hired vehicles.
(11) In the event of the breakdown of a vehicle in the course of a journey, the carrier shall at once inform the Minister in the manner prescribed by him and shall obey any instructions of the Minister with regard to the carriage of the goods to their destination.
(12) In the event of any loss or damage to the goods conveyed by the vehicles, the carrier shall give immediate notice (to his insurer) to whom he shall, where possible within seven days of the occurrence, supply a full and complete report of the cause and circumstances of such loss or damage, together with any other information or proof as may be reasonably required (by the insurer). Further, in cases of theft and pilferage, the carrier shall give immediate notice to the police and take all reasonable steps to cause the discovery and punishment of the guilty person or persons and to trace and recover the property lost.
(13) The carrier will permit the hired vehicle to be examined at. any time at the garage In which the vehicle is normally based or at any garage under the control of the Minister by any person properly authorized by the Minister so to do, and will render any assistance which will be required by the examiner for the purpose of carrying out such inspection.
(14) The Minister may, in his absolute discretion and subjeCt to such conditions as he may think fit, authorize the carrier to act as his agent for the purpose of making contracts with other persons for the carriage of goods by any of the hired vehicles or any other vehicles controlled for the time being by the Minister.
(15) (i) In the event of a breach by the carrier of any of the terms of the hiring agreement the Minister may, without prejudice to any other rights which lie may have in respect of such breach, by notice in writing terminate the agreement in respect of all or any of the x'ehicles. Provided that in the case of a breach which is capable of remedy, the Minister shall, before exercising his right of determination under. this paragraph, give written warning to the carrier of the breach complained of with a reasonable period to enable the carrier to remedy the breach and to take such steps as will prevent its recurrence.
(ii) Where any return or statement called for by the Minister from the carrier contains any wilful mis-statement of fact the Minister may by nofice in writing, termimite the hiring agreement. (1) In these terms: " Week " means seven consecutive 24-hour days ending at midnight on Friday.
" Available " means fit for service and for the carriage of goods on the road in accordance withthe Minister's General Conditions of Hire, and (unless otherwise directed by the Minister under Clause 7) with the necessary driving staff.
" Laid up vehicle ," means a vehicle which is " available " and which under a direction of the Minister given by 28 days' previous notice in writing is withdrawn from work for a period of four " weeks " or more.
" Working vehicle" means a vehicle which is " available " and which is not a laid-up vehicle.
" The General Conditions'' and The Terms of Payment" mean respectively the General Conditions of and Terms of Payment for Hire of Goods Road Motor Vehicles.
(2) Rates payable to the carrier shall be the hire rates set out in the schedules, and shall be subject to alteration to meet any current rise or fall in Maintenance, tyre, and lubricant costs which, in the opinion of the Minister, justify an alteration. Alterations shall take effect as from the date fixed by the Minister and such date may be retrospective, and any referance in these terms to the rates or payments in the said schedules shall he deemed to include any alteraticin to which the rates or payments may be subject under this provision.
(3) Far the purposes of the schedules the carrying capacity shall be as agreed between the Minister and the carrier, provided that, where in the case of any class of vehicles the Minister fixes the gross laden weight of the class, the carrying capacity of any vehicle within that class shall be deemed to ' be the difference between the gross laden weight so fixed and the weight unloaded calculated to the nearest ' ton (and for this purpose 5 cwt. shall . be deemed to be e ton) of the vehicle when fully 'equipped ,and fuelled for carrying goods on the road.
• In cases where box bodies or containers or other special fitments are not standard fitments the Minister will allow as part of the carrying capacity the difference between the weight of such box bodies and other special fitments and the weight of a normal body or container.
(4) (i) The carrier shall be entitled • in the case of " Working and laid up vehicles " to the weekly payment set out in Schedule A and in the case of trailers to the weekly payment set out in Schedule B, for every vehicle which is available throughout the week. Where a vehicle has been available for part only of t he week the carrier shall be entitled to payment ,for that part of the week ending at midnight pre vious to the vehicle becoming unavailable. On the vehicle becoming available again the carrier shall be entitled to payment for that part of the week commencing from the midnight immediately preceding the day on which the vehicle is accepted by the Minister as having become available, provided that a vehicle will be deemed to be available for such periods as the Minister considers reasonable for maintenance and service as set out in Clause 4 of the Geheral Conditions.
(ii) The carrier shall be entitled to mileage payments as set out in the schedules, calculated on the basis of actual mileages approved by the Minister as necessary for the proper carrying out of the Minister's instructions.
(5) Reimbursement will be made for expenditure properly and necessarily incurred in carrying out the Minister's directions as follows:— (i) Wages of drivers and statutory attendants, together with their statutory subsistence allowances; and statutory additions to wages for Sundays or authorized holidays; and overtime and the cost of other personnel used in connection with the loading or unloading of the vehicles, together with all reasonable garage expenses (save where the carrier has garage accommodation for the purposes of his own business), toll and ferry charges.
(ii) Fuel.
(iii) Employers' National losurante Contributions.
(6) Where trailers are lent or borrowed under the terms of para. 6 of the General Conditions, Schedule B shall cease to apply tO them, but the lending carrier shall be entitled to payment under _Schedule C and the, borrowing carrier shall be entitled to payment under Schedule B.
(7) Drivers and statutory attendants necessary for the efficient operation of the vehicles shall be retained in service unless otherwise directed by the Minfster.
Reimbursement will be made only under Para. 5 (i) in respect of drivers or statutory attendants, when employed by the carrier in driving or standing by to drive vehicles, and will not be made where drivers or statutory attendants are employed by the carrier in any other work in connection with his undertaking or otherwise.
(8) The Minister will reimburse the actual costs where necessarily incurred of (i) Road Fund Tax and operating permits: (ii) Insurance of vehicles under the tariff form of comprehensive policy; provided that the carrier shall render to the Minister claims for reimbursement at such times and in such manner as prescribed by the Minister.
The Minister's and the carrier's goods-in-transit liabilities under the Minister's Conditions of Carriage will be borne by the Minister through insurance or otherwise,
The Minister will make an allowance to be agreed later on the wages paid to drivers and statutory attendants reimbursed under Clause 5, to cover Employers' Liability and Workmen's Compensation. (9) Claims for payment under Clauses 4 and 5 shall, unless otherwise agreed by the Minister, be rendered by the carrier, in such form as the Minister may require, at the end 'of each period of 14 days to the Controller of the Unit of the Ministry to which the vehicle concerned is attached. Claims, if approved, will be payable loy the Minister within 21 days of the date on which the claims are received by the 'Minister, but the Minister may set off any sums due to him from the carrier under any contract. (10) Receipt notes shall be the property of the Minister and must be attached to the weekly vehicle journey sheet, which, together with the claims, properly signed, must be forwarded to his Unit Controller as early as possible.
(11) , The Minister may, with the approval of the carrier, make „cash advances to drivers and attendants sti may be necessary in connection with the operation of the vehicle, and such advances shall be debited to the account of the carrier immediately such payment is made.