Q Am I correct in assuming that a con
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tractor must employ the driver of a vehicle supplied under a C-hiring arrangement? It has been suggested that some contractors supposedly employ the driver but in fact charge the owner of the vehicle for the driver's wages, etc.
AIt is true that where a vehicle is operated on a C-hiring arrangement the driver must be the employee of the contractor to whom the vehicle is supplied.
However, in contrast to a vehicle and driver supplied on a Contract A agreement, the financial arrangement between the two parties when a vehicle is supplied on a C-hiring arrangement must make allowance for the fact that no driver is then being supplied. But this can hardly be construed as the contractor "charging" the supplier of the vehicle for the driver's wages, etc.
In any event if there was doubt as to whether a driver was a genuine employee of the contractor or not, it would be for the Licensing Authority to determine and adjudicate accordingly.