OPINIONS and QUERIES
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The Law and Towing a Caravan. Dismissal after an Accident—a Driver Seeks Advice Concerning his Position When May a Goods Vehicle be Used for Private Purposes? What Markings are Now Necessary on Freight Vehicles?
TOWING A 36-FT. CARAVAN.
The Editor, THE COMMERCIAL MOTOR.
present ; should it have six? Normanton, [4275] Sir,—I shall be pleased if you can tell me whether I shalt be able to move a 36-ft. caravan, equipped with brakes, from Normanton to the East Coast, behind an ordinary 5-ton lorw.
The lorry is licensed to pull a trailer, but I am in some doubt as to whether the legal length of a caravan is restricted under any new legislation. Should this be the case, I will be glad if you can give me any idea as to how I could move it.
The caraNan is on four solid-tyred rubber wheels at J. B. RU DOE. present ; should it have six? Normanton,
[The new Road and Rail Traffic Act does not deal with the construction or use of motor vehicles, but with the licensing of goods vehicles. All questions of construction and use are still regulated by the Road Traffic Act, 1980, and the Regulations made thereunder. There appears to be no doubt but that a caravan is a trailer within the meaning of the Road Traffic Act. Regulation 51 of the Road Vehicles (Construction and Use) Regulations, 1931, provides that the overall length of a trailer (excluding any draw-bar) shall not exceed 22 It., but there is a proviso that the Regulation shall not apply to a trailer constructed and normally used for the conveyance of indivisible loads of exceptional length, or to a land implement or to a trailer forming part of an articulated vehicle. Although a caravan is not a land implement, it appears to us that the chassis can be regarded as being a trailer which is constructed and used for the conveyance of an indivisible load of exceptional length. We assume that the caravan was constructed before January 1, 1933. as otherwise it would have to be fitted with pneumatic tyres. It is not necessary that the caravan should have six wheels.—En.]
A DRIVER'S POSITION AFTER AN ACCIDENT.
The Editor, THE COMMERCIAL MOTOR.
[4276] Sir,—I am a driver with 10 years' experience of heavy goods and passenger vehicles. I am now under suspension by my employers, with whom I have worked for 10 weeks as a nightly trunk-service driver between Liverpool and London.
• Some three weeks ago, while returning to Liverpool, I was involved in a serious collision with a stationary wagon, which was itself wrecked through a collision only two minutes before with another stationary wagon. My vehicle was in turn run into by a fourth, all being damaged.
The point where the accident occurred was midway down a moderately steep gradient, the roadway being concrete, 34 ft, wide, but ice-bound, and possessing a rather pronounced camber. The 'time was 6 a.m.; visibilitYwas about 80 yds., and a watery rnist prevailed.
The view of my employers is tha,t inquiry must first establish responsibility, and, secondly, that I should not have proceeded owing to road conditions. Against this I have Stated that I had previously ascended and descended more severe gradients without wheel-slip and that I encountered many vehicles proceeding on their way, so that, impelled by conscientious motives, I proceeded. .
Should I not be reinstated? Can I claim one week's salary in lieu of notice, or can I sue for wrongful dismissal? I have an exemplary record, have been complimented on my driving, and have always tried to be the " model driver," and it is because of the imputation against my conduct that I am chiefly concerned.
Liverpool. AGGRIEVED.
[The question as to whether or not you were negligent is one of fact, and we are therefore unable to state what opinion a judge might form as to the degree of care you exercised on the occasion of the accident. From your explanation it appears to us that you could not be held responsible for the accident An action could be brought for wrongful dismissal, but the onus of proof would be on you. In any event, your employers can, of course, give you a week's salary in lieu of notice and dispense with your services without giving any explanation therefor, and they are not bound to furnish a testimonial. We do not think you would succeed in an action for libel or slander against your employers on the grounds stated in yout inquiry.—Eo.]
WHEN MAY A GOODS VEHICLE ALSO CARRY PERSONS?
The Editor, THE COMMERCIAL .MOTOR: [4217] Sir,—What is meant by vehicles being insured for general haulage and "own private purposes "? What is the "appropriate" licence which enables a van to be used for private purposes as well as for the carriage of goods?
There are occasions when it becomes necessary to carry the person hiring the vehicle in order to carry out his business, and it seems that it all boilS down to "When is a passenger not a passenger?" Perhaps you would be good enough to explain the position of a haulier committing the following crimes (sic) :—
(a) Haulier pays .visit to relatives 18 miles distant about once a month—takes. Wife and son in van.
(b) Haulier removes small load of furniture a matter of nine miles. Owner of furniture assists in loading and B29 unloading ; haulier carries owner and owner's wife in van to their new abode.
(c) Haulier occasionally hired by local builder to carry decorating gear (ladders, paints, etc.) ; takes two builder's workmen and builder to job. Leaves men on job and takes builder and other material to another job (all within radius of 24 miles).
(d) Haulier hired by firm to deliver small packets and boxes to customers. Carries van-boy supplied by hirers. In each case the particular van or lorry referred to is
covered by a haulage contractor's " " policy.
Southall. PRE-WAR READER.
[The meaning of the words "vehicles insured for general haulage and own private purposes" is that a goods vehicle may not be used for haulage and for-private purposes unless the insurance company with which the vehicle is insured against third-party risks has agreed to keep the owner covered, whether the vehicle be used for haulage purposes or for private purposes. If, when application is made for a policy, the owner states that the vehicle will be used for haulage, and does not state that it will be used for private purposes, the company is entitled to repudiate liability for any claim which arises while the vehicle is being used for private purposes, and, consequently, during such periods the vehicle is uninsured. The appropriate revenue licence for a vehicle which is used both for haulage and for private purposes is one in respect of which the duty based on the weight unladen is not less than the duty would be if it were based on the horse-power. For example, the duty on a goods vehicle the weight, unladen, of which, does not exceed 2 tons, is £25. So far as the question of licence duty is concerned, such a vehicle may be used for private purposes if the horse-power does not exceed 25. If, however, the horse-power is 30, the vehicle may not be used for private purposes without paying an additional £5 duty.
In repy to your further inquiries :—(a) A haulier may not use his vehicle for visiting relatives unless the licence duty which has been paid is sufficient to cover £1 per unit of horse-power, and the vehicle is regislered with the licensing authority as being a vehicle which is used for haulage of goods and for private purposes. The insurance policy against third-party risks must cover the use of the vehicle for private purposes as well as the haulage of goods. (b) The position of a haulier who carries furniture and the owner of the furniture and his wife at the same time is not entirely free from doubt, but we consider that there is no objection to his doing so. (c) A haulier who carries gear for a builder may not carry the builder's workmen unless his third-party policy expressly covers the liability of the haulier for any injury which may be sustained by any of the workmen while 'being so carried, This also applies to the case of a haulier who carries a van-boy as in (d) above.—En.]
NAMES AND ADDRESSES ON GOODS VEHICLES • —THE POLICE STILL ACTING ILLEGALLY.
The Editor, THE COMMERCIAL MOTOR.
f42781 Sir,—With reference to Mr. J. G. W. Mackay's question, in your issue dated March 16, as to whether the owner's name and address must or need not be painted on goods vehicles, and your remarks, being a regular reader of your valuable paper for a number of years, I should like to say something regarding this 'matter.
I have had a 5-ton lorry stopped by the police twice in the past month, the last time about 14 days ago, in different districts of-London. The driver was warned that, unless the name and address were put on the vehicle, he would be summoned and so should I. Therefore, under the circumstances, what is one to do
when one knows one is right? E. BAKER. Barking.
[There is no need for you or your driver to be alarmed. Do not argue with the officers concerned, but if you are summoned send the summons to us at once and we will take up the matter with the authorities, The need for showing the name and address of the owner and the axle weight on a goods vehicle, also for the unladen weight and axle weight on a trailer, was removed by the Road Traffic Act, 1930.—Eo.]