REBATED OIL FUEL When Can It Be Used ?
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APROBLEM regarding the use of rebated oil fuel is raised by a concern of quarry owners. For some years they have been operating an old petrol-engined lorry to carry blocks of stone from quarry to sawmills. This has now been replaced by an oil-engined vehicle on which they have replaced the body -and tipping gear by a platform of railway sleepers. In addition, they also operate a number of oil-engined dumpers which are propelled by rebated oil fuel and they ask whether it is in order to use the same fuel for the converted oil-engined lorry, particularly as it is operated entirely on private property and is neither licensed nor insured.
Although there would appear to be some justification for it, they would be committing an offence in using rebated oil fuel under such conditions. As provided by Sections 199-202 of the Customs and Excise Act, 1952, full duty must be paid on fuel oil used for a goods vehicle. This duty must be paid irrespective of the work on which the vehicle is employed and whether on public roads or not.
Vehicles which may use rebated oil as fuel are those not designed for carrying goods and which fall into the categories specified in Section 4 of the Act. In addition to those employed for agricultural purposes and special types, such as mobile cranes, mowing machines and road rollers, vehicles designed, constructed and used for trench digging or any kind of excavating or shovelling work may be run on rebated oil when used for that purpose and not carrying or hauling loads.
If, by reason of its description or use, a vehicle falls into a category to which licence duty at a higher rate than £2 a year is applicable, but is exempted from licence duty because the distance run on the road does not exceed, in the aggregate, six miles per week, full duty must be paid on all oil used as fuel.
The penalties are heavy for the misuse of rebated oil. At the option of the Commissioners of Customs and Excise, the penalties can be equal to three times the value of the oil concerned, which is also liable to forfeiture or, alternatively, a penalty of £100.
-WE are considering purchasing a maximum-load tractor unit in conjunction with three low-loading semi-trailers. We intend having one semi-trailer en route, one loading and the other oft-loading, and three return trips of 400 miles are expected to beaveraged each week. We understand the tractor unit will cost around £3,675 and the semi-trailers £1,500 each. Could you give us some indication what the operating cost is likely to be?" writes another reader.
With an unladen weight of around 7-f-74 tons, the annual licence duty will amount to £125, or 50s. per week. Wages, based on R.H.(64) Grade 1 areas, are reckoned at £9 19s. 10d. and rent and rates add a further 15s. per week. Vehicle insurance is .calculated to cost £2 !Os, per week, whilst interest at 3 per cent. on the total cost of the tractor unit and three semi-trailers would be £4 18s. Total standing costs would amount to £20 12s. 10d. per week, or 4.13d. per mile on the basis of a 1,200-mile week.
Assuming oil fuel is purchased in bulk at 3s. 10d. per gallon and a consumption rate of 9 m.p.sz is averaged, the fuel cost per mile would amount to 5.11d. -Lubricants are reckoned at 0.27d. and tyres at 5.63d. Maintenance adds a further 2.38d. per mile and depreciation 7.86d. The depreciation figure is affected by the high initial outlay of more than £8,000. The total for the five items of running cost is 21.25d., which, when added to the standing cost per mile of 4.13d., gives a total operating cost per mile of 25.38d. for a 1,200-mile week.
THE effect of the law on drivers' hours on the use of salesmen's vans is the subject of a reader's inquiry. The vehicles operate under C licences and the salesmen are employed six days a week. Understandably, their working day depends to a large extent on their customers' convenience, particularly as they are primarily salesmen rather than delivery men. Consequently, it is common practice for them to take an occasional cup of tea as refreshment, when the occasion permits, without having a full meal break.
At the end of the day, after parking their vans they cash-in, make out their orders for the following day and discuss any problems with the sales manager.
The reader asks whether they are keeping within the law if the total rest period during the day adds up to half an hour or more and whether, if their 11-hour spell is completed when they park their vans, the additional work they do could be considered as driving time.
Because the vans carry goods in connection with their trade they must be regarded as goods vehicles and the driver must observe Section 19 of the Road Traffic Act, 1930. This stipulates that no one niay drive for more than 5f hours without having at least half an hour for rest and refreshment. It is, however, possible for this break to be taken on the vehicle, provided that the driver has some refreshment with him.
Should a breach of the regulations occur, thekemployer, as well as the driver, can be charged with the offence. It is the employer's responsibility to bring the regulations to the notice of his drivers and to insist that they should be carried out. Failure to take positive action, such as a warning, suspension or even dismissal of the person concerned, might well be considered as condoning the offence.
Any time spent by a driver on work in connection with the vehicle or its load is construed as driving time. It has, however, been decided that a driver who, r a period of driving, assisted porters and sorters in iading vans was not doing " other work" in connection t a vehicle or its load. It would, therefore, appear that. t the salesmen have parked their vehicles, their spell ot ing could be deemed to have ended.
[though no one may drive for 'a total of more than tours in a 24-hour period, and must subsequently have 10 .ecutiVe hours' rest, this 11-hour spell of driving can be ad over a maximum of 14 hours, always provided that e is a break of at least half an hour after any 5I-hour xl of driving.
excess hours are worked at any time, a driver will not :onvicted if he can prove there was unavoidable delay in completion of his journey arising out of circumstances :h could not reasonably have been conceived. It is hardly ssary to point out that this concession applies only to the t exceptional circumstances.
ISCREPANCIES in the designation of small passenger vehicles are criticized by a prospective user. Whilst it is .fally understood that the description, four-, fiveor six-seat is meant to imply that the stated seating capacity includes driver, this does not apply with normal public service cies. He quotes the 44-seat single-decker as capable of ying, seated, 44 fare-paying passengers in addition to the ..tr and possibly conductor.
e suggests that small buses should be similarly described. complains that at present some are termed 12-seaters, but only carry 11 fare-paying passengers.
hilst it must be conceded that there is some lack of prmity, it must be admitted that the line of demarcation teen the various sizes of passenger vehicle is not as clearas that between goods vehicles. This is because it is men practice for coachbuilders to fit various singleor ,le-deck bodies to their own specifications on similar sis.
le same reader also asks whether a small bus, such as a eater already licensed to operate on public service, .could sed occasionally as personal transport by the holder of the iCC for the conveyance of his wife and family.
isuming that such a vehicle was already classified as a :ney carriage, the rate of duty paid would be greater than for an ordinary private car. If. for example. the so-called eater did in fact provide accommodation for only II mgers, the annual duty would be £18. In that event, the ;le could be used for ordinary private and domestic ,oses without incurring any liability to additional duty and out the need for " private" to he included in the specifica
lion. Operators should, however, satisfy themselves that the insurance policy covers the use for " private" as well as " hackney purposes."
" WHAT are the offences for which a driver must be disqualified or have his licence endorsed, and bow does one apply to remove disqualification?" In answering this inquiry, the distinction between what may and what must be ordered should be clearly understood.
Altogether there are 12 offences for which courts may disqualify a driver. They include driving (or employing a person to drive) without a licence; applying for or obtaining a liceitce. or driving, while disqualified; any speeding offence; manslaughter or deliberately causing bodily harm; reckless. dangerous, careless or inconsiderate driving; driving, attempting to drive or being in charge under the influence of drink or drugs; using a motor vehicle without a test certificate if the vehicle is one that must be tested; failure to conform with traffic signs or the directiOn. Of -a,policeman; using an overloaded or improperly loaded Vehicle, or one with inadequate or defective brakes, steering or tyres; and any offence in relation to compulsory third-party insurance or lighting.
In addition, courts must disqualify for a period of at least 12 months when the person is convicted of any of the following four offences, unless there are any special reasons connected, with the commission of the offence: (1) Driving or attempting to drive under the influence of drink or a drug. (2) For the second or subsequent convictions of being in charge of a motor vehicle when under the influence. (3) Promoting or taking part in a motor race or speed trial on a public highway. (4) The second or subsequent conviction within three years for reckless or dangerous driving,, the minimum period of disqualification then being nine months, If a driver has been disqualified for less than a year he may apply to the same court at any time after six months, but not
before, to' have his disqualification removed. For longer periods application may be made afterhalf the period has elapsed but with a minimum of a year. If such a request is refused, a further application may be made after three months.
Endorsement of licences must be ordered for the following offences: (1) Dangerous driving. (2) Careless driving, unless there are special reasons. (3) Speeding, also unless there at— special reasons. (4) Any offence where the disqualification is ordered.
"Special reasons must relate to the particular offence. They would not include such general supporting evidence as the driver's previously clean record or the importance of his job. Endorsement lasts for three years for all offences except speeding. for which it is limited to one year, S.13.