Licensing Problems Elucidated
Page 42
If you've noticed an error in this article please click here to report it so we can fix it.
IN a few cases we are publishing questions closely resembling those which have appeared previously for the reason that the answers may differ slightly from the former ones as a result of a conference with the Minister of Transport and information obtained on detail matters which we have taken up with the Ministry. This is the 10th consecutive issue in which this feature has appeared.
Using a Fleet on Contract Work.
(52) QUESTION: We are forwarding agents and have held contracts for over 12 months. These have been sublet. Owing to continual trouble we intend putting lorries of our own into service. We handle between 40 and KO tons weekly, and hope to increase as well as to take up return loads. Would there be any difficulty in getting sanction for these, and under what class and tonnage should we claim?
ANswER : As you will be carrying for hire or reward you will have to apply for a Class A licence, but you cannot apply for " claimed " tonnage, and must therefore make application either for " discretionary " tonnage or " contract " tonnage.
There may be difficulty in connection with an application for " discretionary " tonnage, because you will not only have to prove the need for your service, but may have to face opposition from other transport interests.
If you can arrange contracts of at least a year, and the vehicles are employed, for no other work, then the licensing authority will be required to grant you the licence, which would expire with the contract, another licence having to be obtained in connection with a fresh contract. The vehicles on such a licence must be used exclusively for the carriage of goods in another trade or business provided that this is not for a haulier or clearing house.
A Furniture-removal Problem.
(3"3) QUEsTioN: I have two vans, one being used solely for furniture removals, for which I propose to apply for a Class A licence, whilst the other is used for removals, but sometimes to carry a vacuum-cleaning machine with its complement of suction hose, etc. This machine is itself let out for hire or reward, but is not removed from the van, is never sold and always returns to the works. Under which class of licence can such a vehicle be included?
ANSWER : As regards the van used solely on furniture removals, you would be quite right in applying for a Class A licence.
As to your second query, the vehicle used sometimes with the vacuum-cleaning machine is approaching a border-line case, but it can hardly he said to be carrying a toad for hire or reward, as the load is your own property, i.e., the vacuum machine, It seems, therefore,
a28 • that you will have to apply for a Class B licence in connection with this vehicle. '
A Special Hiring Arrangement (54) QUESTION: We have four vans which are let out without drivers to a concern which employs them entirely in its own business, but one of these vehicles is sometimes used for our own delivery work. How should 'key be licensed and insured?
ANSWER: We have now received a reply from the Minister of Transport, to whom we stated your case.
He points out that, on the assumption that Class C licences alone are concerned, no question of " claimed " tonnage will arise. The three vans bearing the name of the concern which takes them on hire are not required to carry anything to identify them as being owned by you ;• their use can be authorized under Section 2 (0) (b) by a licence granted to the concern.
The use of the fourth van can be authorized in the same way, but this vehicle should also be specified in the licence held by you as it will be used at times by you and at other times by the concern to which it will be let on hire as a chattel. This fourth vehicle is the only one in respect of which you will have to pay a licence fee and the only one on which a double licence fee will be payable; the fees for the other three vehicles will be paid by the concern which takes them on hire. The question of the insurance of the vehicles is one for arrangement between the parties. Information in possession of the Minister of Transport tends to show that the practice varies. In some cases the person who lets the vehicle on hire pays the insurance, whilst in others it appears that the person who takes the vehicle on hire makes the necessary arrangements.
Heavier Vehicles Replaced by Lighter Ones.
(55) QuEsrioN : We have been operating vehicles since 1927 and up to October ran two 30-cwt. lorries weighing just under 3 tons. After October we exchanged an old vehicle for a new 2-tonner, which increased our unladen weight to a total of 341 tons. Can we apply for this as " claimed " tonnage? If not, what part must be applied for as " discretionary " tonnage?
ANSWER: In the case of " claimed " tonnage being less than the actual tonnage now owned and where this applies to only one vehicle an operator may put in an application for a "hiring allowance" for the actual amount that can be claimed and, at the same time, make a separate application for " discretionary " tonnage in respect of the unladen weight now employed, adding a note that if the latter be granted the application for the " claimed " tonnage will be withdrawn.
The same procedure would probably apply in your case where there is the question 'of having exchanged only one vehicle for another.