Licensing Problems Elucidated
Page 56
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Keeping Records in Book Form.
(127) QUESTION: I am an owner-driver doing haulage under a Class A licence, and for the " records " keep a book in which 1 enter the details required. Is this method satisfactory from the official point of view? I should like to express my appreciation of your interesting publication, which is so necessary to the transport industry.
ANSWER: As you are an owner-driver there is no reason why you should not keep all your records in one book, provided that you enter up all necessary details, including the maximum load carried on any particular journey, and so forth. The points to remember are that the daily record must be kept on the vehicle and entered up at the time ; it is not sufficient to complete the book at the end of the day.
When Drivers Must Cease Work.
(128) QUESTION: Are drivers of goods vehicles compelled to cease work at the end of 11 hours, even if they have other calls to make and maybe five miles or so to go home? Also may the employer start his men later in the day, thus avoiding the payment of the overtime which used to be earned during late work?
ANSWER: A driver must not drive after his legal hours are finished, so that in the event of his time having expired when he is away from his depot, the van will either have to be driven by someone else or garaged, and he must be able to rest away from the vehicle.
There is nothing to prevent the vehicle owner from starting his men later in the day, so long as the 11 hours of driving is not exceeded and the proper rest time is given.
The Limitations of Class A Licences..
(129) QUESTION: It would, I am sure, be of considerable interest to a number of your readers if you were able to define more fully the meaning of the words "any other trade or business carried on by him" in Section II, pata. 2, of the Road and Rail Traffic Act, 1933. I notice that in your "A B C of Goods Vehicle Licensing" (a most valuable explanation of the Act) you make the rendering more drastic by the wording "The Class A licence is for the public carrier who deals only with loads for other people and does not carry any goods in connection with any other business with which he may be connected."
I have in mind the case of a contractor who is an active partner in a transport concern and at the same time managing director of a limited liability company owning a quarry. The transport concern does all the haulage fer the quarry, although this is only a small proportion of the work done by it. Would the contractor be able to continue this work under a Class A licence?
B.38 If all contractors in like positions are called upon to work under a Class B licence, with its undoubted restrictions after the first year, it would appear that a certain amount of hardship will be entailed.
ANSWER: When referring to limitation on the use of a vehicle operating under a Class A licence, the actual. wording is as follows :— " No vehicle which is for the time being an authorized vehicle shall be used for the carriage of goods for or in connection with any other trade or business carried on by him except such storage or warehousing of goods as may be incidental to his business as a carrier."
It is rather difficult to define exactly what this means, and, of course, if a case were disputed, the definition according to the Act would have to be followed, consequently the legal interpretations might differ.
If another branch of a carrier's business be operating as a separate legal entity, then, in our opinion, this will not be construed as part of a trade or business carried on by the operator, and it would be permissible for such an entity to use his Class A vehicles. The separate entity, however, would have to be absolutely distinct, in so far as the keeping of books, division of profits, etc., were concerned. In the case you quote where the managing director of a limited liability company owning a quarry is also an active partner in a transport concern, it would, in our opinion, be permissible for the transport concern to carry goods for profit for the quarry-owning concern.
Looking at it from another aspect, the quarry concern could not, without a special agreement, be responsible for the torts of the transport concern, thus indicating the difference between the two,
A Trader Who Wants to do Light Haulage.
(130) QUESTION: I have just obtained a 30-cwt, lorry for ray business as a greengrocer, but intend to do light haulage within 75 miles of Manchester. My son is employed as the driver of this vehicle at is. per hour. What should I obtain per ton and per hour for this work?
ANSWER Before advising you as to what you should obtain for your haulage work it is better to point out that if you intend to do light haulage as well as carry goods in connection with your own greengrocery business, you will require a Class B licence, and you must not operate without this, as from October 1 last. Application for it should be made to the licensing authority for your area, viz., The Traffic Commissioners, Arkwright House, Parsonage Gardens, Deansgate, Manchester, 3. You will require Form GVI,. to which must be attached (in duplicate) Form GV3; you may also be asked to fill up Form GV4.
Your operation may be limited to certain classes of goods and to certain areas; it is doubtful whether you would be allowed to operate so far as 75 miles.
You wi,ll be required to conform to the ne.w rates ot wages if your son acts as driver. Details of these were published in our issue dated August 10.