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Licensing Problems Elucidated
Page 93
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The 24th Article of the Series in which We Answer Typical Questions on Different Subjects Resulting from the Passing of the Road and Rail Traffic Act
Dissolving a Partnership.
(99) QunsrioN: I have been a .partner in a haulage business since 1929. Now I am thinking of starting on my own account. I have two vehicles and can arrange full-time work for them without causing any injury to my partner. We have agreed to separate, but I want your advice as to whether I may apply for a Class A licence.
If one be granted to me, is there any danger of it being cancelled in the future?
All the tonnage we employ in the partnership is claimed in my partner's name, so that he is in a satisfactory position in respect of " claimed " tonnage.
ANSWER: You will have to apply for a Class A licence for " discretionary " tonnage, but it would be as well to add a note to the effect that you have been operating as a general carrier for a considerable period. Also, it will facilitate your case if you can show, by letters from actual and potential customers, that the service is needed.
You will almost certainly have to face an objection from the railways, as this is usually lodged as a matter of course.
Once you have received a licence there is little risk of losing it unless you fail to observe the conditions applying to it. The conditions are that an authorized vehicle must be maintained in a fit condition ; that the proviso in respect of lithits of speed and weight and loading becomplied with; that the limits on drivers' hours be observed ; that the necessary records be kept ; and that the Fair Wages Resolution of the House of Common.) regarding wages and conditions of employment be complied with.
A Frivolous Objection to Basic-year Tonnage.
(100) QUESTION: An objection has been lodged against our application for licences. The position is that we had about 50 tons unladen weight during the basic year ; at present, we have only 20 tons. We made application on Form GV2X, claiming 50 tons in all, of which we require 20 tons now, the balance of 30 tons to be shown under vehicles to be acquired.
The objection from another contractor is to the 30 tons of vehicles to be acquired. As this is " claimed " tonnage, we shall be glad to know if his objection is in order.
ANSWER As you were operating your 50 tons of unladen weight during the basic year, and providing you lodged your application before April 1, you are certainly entitled to this tonnage in some form.
In respect of the balance of 30 tons, the vehicles would have to be acquired within a reasonable period. If you do not expect to do this, then you will probably be able to obtain a claimed hiring allowance and replace part of this, from time to time, by specific vehicles. It is quite useless, however, for another contractor to object to the 30 tons to be acquired, as his objection would not be taken into consideration by the licensing authority. This applies only to basic-year tonnage ; all future licences, with the exception of those for true contract and Class C tonnage, will be "discretionary."
Where a Contract Does Not Entitle an Operator to Extra Tonnage.
(101) QUESTION: I have never previously operated a lorry of my own, but would like to know if the authorities must grant a Class A licence for any lorry for which the owner can show a contract, despite the fact that the applicant is new to transport operating.
Supposing I now purchase a vehicle to operate between clearing houses over journeys of about 200 miles, would I. be in a good or bad position regarding a carrier's licence?
In all probability I shall be offered a contract, and I shall be glad to know if I shall be able to take it, or if I am never to have a chance of entering this field of work.
ANSWER: The licensing authority ks required to grant a Class A licence for tonnage for which the applicant can show a contract of at least one year's duration and made with seine person other than a carrier for hire or reward or a person arranging for the transport of other person's goods, so that a contract made with a clearing house does not carry with it any right to " contract " tonnage. Therefore, you will have to make an application for " discretionary " tonnage, unless you can fill the above requirements.
Operating Vehicles on Private Property.
(102) QUESTION: In connection with my business I run two lorries which seldom touch a public highway, and only in rare cases do they proceed 100 yds. along the road before crossing over. Is there any law that can enable these vehicles to be run without a Road Fund licence, also will a carrier's licence be required?
In the case of vehicles which never touch a highway, but are engaged by a concern to do private haulage on private property, is a carrier's licence necessary?
ANSWER: If any use whatever be made of a public highway, even merely to cross it, then the vehicle will require to be run under the ordinary Road Fund licence. The appropriate carrier's licence will also be necessary.
No Road Fund licence or carrier's licence is necessary for a vehicle which never touches the highway, but is entirely engaged in haulage on private property. A certain amount of doubt exists in the case of roads running through private property. If the public has access to these, even though the roads be maintained privately, the vehicles might require "To be insured against third-party risks, but the other exemptions will apply.
If the roads upon which the vehicles run are, in the ordinary course, barred to the public, then a third-party insurance should not be necessary, although it would be advisable for you to insure them against ordinary risks, such as fire.