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OPINIONS and QUERIES The Motor Trade Should Use Road Transport Wherever Possible.

23rd February 1932
Page 48
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Page 48, 23rd February 1932 — OPINIONS and QUERIES The Motor Trade Should Use Road Transport Wherever Possible.
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Which of the following most accurately describes the problem?

The Editor, THE COMMERCIAL MOTOR.

13665] Sir,—May I, through the medium of your very excellent journal, appeal to all tyre, vehicle and accessory manufacturers to use road transport to a greater extent than is the practice at the moment.

It is really surprising the amount of traffic which they put. on rail but which could well be dispatched by road. After all, is it not their obvious duty?

The motor trade in general is experiencing very difficult times, and it behoves all who are connected with it to to-operate to the mutual benefit of all its mem

bers. CO-OPERATION. Leicester.

Is the Present Licensing System a Failure.?

The Editor, THE COMMERCIAL MOTOR. •

136661 Sir,—My attention has been drawn to a letter from Mr. Hood-Barrs printed in your issue dated February 16th. Mr. •Hood-Barrs quotes an extract from correspondence with the office of the Traffic Commissioners of the Southern Area. I should be glad if this gentleman could publish entirely his letters to the chairman and the chairman's letters to him. I think that then you would obtain all the real facts of the case and be able to make any editorial comment you

may wish. BECINALD FORD, Chairman, The Traffic Commissioners.

Reading. (Southern Area.)

The First Tricycle Parcelcar.

The Editor, THE COMMERCIAL MOTOR.

[3667] Sir,—I would like to draw your attention to an apparent discrepancy which occurred in your issue dated February 2nd, page No. 869.

Concerning the work of Mr. Fred Eggleton, you refer to the fact that in 1890 this gentleman employed a De Dion tricycle for delivery work for the City and West End Express Co., Ltd. As a matter of fact the emancipation of the motor vehicle did not occur until November 14th, 1890. The first De Dion tricycle was brought to this country by Sir David Solomons in July of that year, and passed into the possession of the writer after Sir David had a mishap with it in December, 1896. It is obvious, therefore, that the date 1890 is a mistake. H. BEVAN SWIFT

(The Equipment and Engineering Co., Ltd.). London, W.C.2.

[Mr. Eggleton informs us that the conversion of the De Dion tricycle in question took place in 18136; the date given previously was a typographical error. The vehicle was first used before the emancipation of the motor vehicle, but at that time was run in the precincts of a private estate.—En.] Responsibility for Damage to an Aerial by a Lorry.

The Editor, THE COMMERCIAL MOTOR.

[3668] Sir,—As I am a reader of your valuable journal I would like your opinion about the following accident in which I was involved. I, was driving a motor lorry, laden with provender (in bags) and some builders' material, part of which was scaffold poles, on a " private " road (but not indicated by any sign as. being private), to which the public have unrestricted access when delivering goods to the occupants of the houses alongside this road.

The poles, which were projecting above the driving cab and over the rear of the lorry, caught a wireless aerial and broke it. Do you think that I am responsible for the repair of this aerial? It is only 11 ft. 6 ins. above the road ; the extreme height of the poles I Was carrying was 12 ft. 9 ins. I am under the impression that the gauge limit of road vehicles is 15 ft.

Kendal. AERIAL.

[There is no general rule with regard to the minimum .height at which wires may be placed over a road. The point is one which is usually dealt with under local bylaws, but as the road in question is a private one it is probable that no local by-law would apply.

The question really resolves itself into one of whether or not your driver was negligent in failing to see the wire, as, if a claim were made, it would have to be based upon the ground of negligence, in the same way as any other claim for damage caused by a vehicle upon a road is based. The probability is that it would be held that the driver was not negligent, as the main duty of a driver is to keep his eyes on the road and on traffic in front of him, but the decision might turn upon the actual facts of the ease, which might have indicated to the driver that there was a wire across the road.

As you will see, the question of liability is one which cannot be answered with any absolute certainty. If the owners of the wire should start proceedings in the County Court you would be well advised to effect an amicable settlement if you can do so without admitting liability, owing to the loss of time which you would suffer by your driver having to attend the court.—En.]

Where a Public-service-vehicle Licence is Required.

The Editor, THE COMMERCIAL MOTOR.

[3669] Sir,—I wish to thank you for the Tables of Operating Costs that you sent me, in response to my request, some time ago, and for the valuable advice and assistance that are available in your paper week by week.

I find that Opinions and Queries is, to me, the most helpful section of your paper, and I am particularly interested in one letter in a recent issue. It is No. 3649, and deals with carrying passengers in a lorry.

I have a Chevrolet 30-cwt, taxed normally at f25 per annum, for which I took out a hackney-carriage

licence for 18 seats (I applied for 14 seats, but the inspector raised the number to 18), which makes the tax 136 per annum.

My insurance company charges me 10s, per seat for insurance, providing that the seats are securely fixed and that passengers are carried at an inclusive fare, also that I do not pick up or set down passengers en route. This extra fee brings my insurance up to £28 10s. per annum, which, of course, with the tax, is rather a lot.

The extra expense thus incurred is therefore £20 per annum. You advise your correspondent, however, to obtain a public-service-vehicle licence and a certificate of fitness, which will cost £6. Am I then paying an unnecessarily large sum for the privilege of carryjug passengers?

I carry sports teams to and from matches, also a few pleasure parties to and from places not easily reached by ordinary means of travel. E. C. ROWE.

Enfield.

[We would point out that a public service vehicle licence is quite distinct from taxation or hackney carriage licence. Under the Road Traffic Act, if a motor vehicle be used for carrying passengers for hire it is necessary for the owner to obtain a certificate of fitness and a public service vehicle licence, unless the vehicle does not carry more than seven passengers and they are not conveyed E separate fares. If a motor vehicle be used for carrying passengers at separate fares it is also necessary to obtain a road service licence.

Wo assume that you let out your vehicle as a whole to private parties. In that case the vehicle is classed, under the Act, as a contract carriage for which a certificate of fitness and a public service vehicle licence are required, in addition to the hackney carriage licence, which is merely a taxation licence.—En.] Using a Tractor in the Irish Free State.

The Editor, THE COMMERCIAL MOTOR.

[3670] A Chairde,—I shall be glad if you will forward to me two sets of your Tables of Operating Costs of commercial motor vehicles.

It is desired to know what would be the estimated running cost of an International tractor used on the road haulage of cable drums, telegraph poles, etc., and I shall be glad if you will give me any available information on the matter.

E, H. REYNOLDS, AS CEANNASAI NA STOR, An Roinn Puist Agus Telegrafa (Department of Posts and Telegraphs). Baile Atha Cliath (Dublin).

[Two copies of our Tables of Operating Costs have been sent to you.

Figures for the operating cost of internal-combustionengined tractors are given in Tables X and XI. Select those which apply to your own circumstances as regards both loading and tyre equipment.

You should make corrections for any extra labour you employ, as the figures given include the wages of only one man. If you care to write to us at length, giving us some detailed information as to method of working, lengths of haul and actual items of cost, so far as they are known, we shall be pleased to go into the matter again.—S.T.R.]

Using a Car for Business Purposes.

The Editor, THE COMMERCIAL MOTOR.

[3671] Sir,—I am shortly starting a small parcels delivery service in a busy district, and I would be glad if you will send me information on some points regarding which I am in doubt.

1. If I trade under a business name is it necessary to have my name and address on the van or car?

2. If I trade under my own name is it necessary, with either van or private car, to put it on the vehicle?

3. If I trade with a private car under a business name is it necessary to put the name on the car?

4. I have fixed on a business name; is it necessary that it shall be different from any other business name In the district? 5. The tax for using my car for hire or the conveyance of goods is £10 in either case. Does this mean that I should have to pay two taxes of £10 each, or does the one tax of £10 cover both the conveyance of goods and the use of the car for hiring?

6. Would the following charges be reasonable?

City deliveries, up to 4 lb. 2d.

District deliveries, up to 4 lb. ... ... 3d.

• „ over 4 lb. to 8 lb. ... 4d.

tf „ over 8 lb. to 12 lb. 5d.

Additional weight at id. per pound.

Jedburgh. TAXATION.

[The answers to your questions are as follow :-1, 2 and 3. No. 4. It is advisable to select a business name different from any other in the district, particularly as other names may be registered. 5. If the tax be the same, whether you use your car for hire or for conveyance of goods, you will be in order to use the vehicle for either purpose. The law states that it is necessary to pay only the one tax,

• which must be the higher of any two relating to different purposes. 6. The rates you have in mind are somewhat low. I advise you to increase each by a penny.—S.T.R.]

Registering the Name of a Transport Service.

The Editor, THE COMMERCIAL Mo'roR.

[3672] Sir,—I am starting in business as a motor haulage contractor, and as I want to call the service by some name, such as "Nut Brown Transport," is there any formal procedure to be carried out?

London, E.16. CONSTANT READER.

[It will be necessary for you to register any name such as "Nut Brown Transport." The cost is five shillings. Make your application to the Registrar of Business Names, Princes House, 37, Kingsway, London, W.02.—En.] Carrying Owners of Goods and Livestock.

The Editor, THE COMMERCIAL MOTOR.

[3673] Sir,—Some time ago I read an article in one of your issues about carrying passengers in goods vehicles. Will you please let me know if we are entitled to carry owners of goods and livestock at their own risk without their being insured?

Cleator Moor. J. A. PICIITHALL.

[Our legal adviser is of the opinion that you are entitled to carry the owners of goods with their goods so long as no charge is made for carrying the owners, and that the vehicle is not being used primarily for the purpose of carrying them. You should, however, make it quite clear that the owners are carried at their own risk.

If you stated when you insured your vehicles that they would be used only for carrying coals you are not entitled to use them for carrying livestock, because if an accident occurred while you were doing so the insurance company would be entitled to repudiate liability on the ground that the vehicle was being used for a purpose other than carrying coals, and, consequently, it might be held that the policy was not -in force.--En.] When it is Legal to Distrain a Vehicle.

The Editor, THE COMMERCIAL MOTOR.

[3674] Sir,----Will you kindly inform me as to whether it is legal to hold a vehicle for rent? I have two garaged with me, and they are in daily use, under a hire-purchase agreement. I cannot get my rent, which is 5s. weekly, but this I have not had for some time.

Redditch. ENQUIRER.

[We are advised that the proprietor of a garage is not entitled to hold a vehicle for non-payment of garage rent. The only case in which a vehicle may be held is where the person holding it has done repairs to it, in which case he may retain it until the cost of the repairs has been paid. Where a vehicle has been repaired as well as garaged, it may be kept until the cost of the repairs has been paid, but if that cost be paid it may not be held until the further charges for garage have been discharged. The only remedy for the proprietor of a garage whose rent has not been paid is to sue the owner of the car in the County Court or High Court.—ED,]


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