A FAIR SET OF CONDITI( S FOR CATTLE HAULAGE
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Solving the Problems of the Carrier
For the Protection of the Haulier of Livestock, and for that of His Customers, it is Most Desirable that Reasonable Conditions be Decided Upon and Constituted
AT the meeting at Wolverhampton to which I referred in the previous article, in The Commercial Motor, dated March 17, a set of conditions relating to the conveyance of live
stock was approved. I am in two minds as regards the current tendency to prepare and stipulate stringent conditions in connection with road transport. .
The road haulier is in an advantageous position, because, usually, he meets his customer face to face and can settle any little disagreement amicably. The intrusion of hard and fast conditions is likely to disturb that favourable state of affairs with regrettable results, especially when the conditions are worded in strictly legal form, which seems to be unavoidable. .
At the same time, it must be admitted that it is not logical to endeavour td establish rates without at the same time stipulating those conditions,of haulage under which the stabilizing rates apply. What I mean by this is, perhaps, best illustrated by way of example. In the general conditions of road haulage, which are in preparation and will apply to the industry as a whole when rates are stabilized, is included a clause which stipulates ihat the delivery of goods shall be assumed to take place at the rail of the vehicle.
This is intended to put an end to that frequent practice of consignees who request the operator's driver to carry the consignment some distance from the vehicle—son-1'etimes, perhaps, up two or three flights of stairs. They expect the haulier to allow his man to do this work and to make no extra charge for the loss of time involved. When the aforementioned condition is in force the haulier will, in such circumstances, be able to make an extra charge.
Perhaps the best attitude to adopt, is to regard these conditions as precautionary, as a protection against the unscrupulous customer and for use only in such circumstances. They shoUld certainly not, in my opinion, be blazoned in front of all and sundry buyers of transport, since that would merely have the effect of suggesting to them that other ways of dealing with traffic may, possibly, be more convenient and cheaper.
• Some of the Conditions Approved • The conditions and regulations approved, at this meeting at Wolverhampton, were comprehensive. They numbered 27 in all and although some of them at first sight seemed to be severe, yet on investigation—and each was discussed and thrashed out in detail—it was
made clear that each of them was essential. I was relieved to gather, however, that the intention concerning them was what I have suggested above and that they were to be fully invoked only in the. case of dire need.
I do not propose to reproduce these conditions in fun or even to refer to all of them, merely to indicate those of widest application and . most direct practical importance. The conditions provide:—
That the carrier shall not be subjected to a claim ftp• loss,.injury or delay unless that claim be made initnedi ately on delivery. Experienced livestock carriers will appreciate the importance of this clause. It is intended to guard them against claims in respect of animals which have suffered damage within a short time of their delivery—damage which sometimes, perhaps in good faith, is laid unjustly at the door of the carrier.
That the carrier shall be entitled to make a charge for a vehicle ordered by a consignor which calls for the load in the event of the consignor not providing a load.
Relief for the carrier against responsibility for loss of markets or for any indirect or consequential damages in respect of livestock lost, injured, delayed or dying from natural causes.
Protection against claims for special damage arising from circumstances peculiar to the customer, the livestock or some similar cause beyond the control of the carrier. Exception is made in cases where the peculiar circumstances are declared in writing at the time of delivery to the carrier, in which case an increased charge, over and above the standard rate, may apply.
That when the charge for carriage is per vehicle, the consignor shall be responsible for seeing that the vehicle is not overcrowded or overloaded and that the carrier shall not be responsible for death or injury resulting from fear, restiveness, vice or sickness of animals, nor for their escape from control after delivery.
For a limit to be placed upon the value of livestock
so that the liability of the carrier for injury, loss or damage shall not go beyond those limits.: Provision is made for declaration of value in the case of its. being beyond the limit and for increased charges to compensate the carrier for the greater risk.
That the carrier shall not be liable for any insurance without the written instruction of the consignor, in the absence of which all responsibility rests on the owner.
• Increased Risk Means Higher Rate • That the carrier shall not be responsible for any Injury, damage or loss caused by infirmity of the animals, or their pregnancy or unfitness for travel_ Here again; provision is made for a carrier to take the increased risk involved, provided he is paid a rate exceeding the normal, in compensation. It is stipulated, however, that the offer of an increased rate shall not prejudice the right of the carrier to refuse the traffic.
Amongst other things, the regulations make stipulations as to methods of distinguishing charges, as between head and lorry rates. It is important to note that head rates apply only to or from abattoirs, sales, local fairs and livestock markets, where a regular service is provided. On the other hand, the full lorry rates apply to animals of the same description and forwarded from one consignor to one consignee. Where only head rates are charged, the carrier reserves the right to make use of the remaining space for conveying other livestock.
Out of the last point arises a further condition, that whilst the carrier will make every effort to supply small lorries on request, he cannot guarantee that such will be available and when a larger vehicle is supplied, he
reserves the right to use the remaining space for other animals. A schedule of average loadings for three classes of vehicle (small, medium and large) is included_
It is 'stipulated that all livestock must be claimed immediately the lorries have arrived at the place of unloading and that where lorries are unduly detained, the carrier reserves the right to make additional charge. Persons forwarding livestock are requested to give the carrier 24 hours' notice for the uupply of lorries and the final condition is that all charges on livestock must be prepaid. S.T. R _