Work, Rest and The Law
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Replies to Readers' Queries Include a Restatement of Statutory Requirements Concerning Hours of Work, Light Trailer Operation and Livestock Haulage•
AT a time when Licensing Authorities throughout the country are showing increasing concern over the persistent violation of the statutory regulations governing drivers' hours, a reader asks appropriately for a restatement of the regulations. He also asks whether any change has taken place in these regulations with the introduction of the Road Traffic Act, 1960.
The regulations concerning drivers' hours were originally set out in the Road Traffic Act, 1930, in the paragraph familiar to experienced operators as Section 19. Additional regulations were also contained in the Road and Rail Traffic Act, 1933.
• Section 19 of the Road Traffic Act, 1930, is now replaced by Section 73 of the new Road Traffic Act, 1960, and since this new Act is a consolidation of several previous Acts and amendments, Section 73 remains the same as Section 19 of the old Act.
The purpose of limiting the hours of duty of certain drivers is toprotect the public against the risks which arise in cases where the drivers of motor vehicles are suffering from excessive fatigue. The vehicles to which the regulations refer are then set out as follows: (a) A public service vehicle; (b) a heavy locomotive, light locomotive or motor tractor; or (c) a motor vehicle constructed to carry goods other than the effects of passengers.
In this context a vehicle not constructed to carry a load is termed a "motor tractor" if it does not weigh more than 7f tons. A tractor weighing between 7+ and 11+ tons is termed a "light locomotive," and over 1 lf tons "heavy locomotive." (It is specifically stated, however, that the limitation on drivers' hours does not apply to vehicles used for fire-brigade or ambulance purposes.) Section 73 then reads that it is unlawful for a person to drive, or permit a person employed by him or subject to his orders to drive, for any continuous period of more than 51 hours. Nor must he drive for continuous periods amounting in the aggregate to more than 11 hours in any period of 24 hours, commencing 2 hours after midnight. The driver must also have 10 hours consecutive rest in any period of 24 hours, calculated from the commencement of any period of driving.
There is then the proviso, however, that it is sufficient compliance with this latter requirement if the driver has at least nine consecutive hours of rest in such period of 24 hours, provided that he has an interval of at least 12 consecutive hours for rest in the next following period of 24 hours.
For the purpose of this Section of the Act, any two or more periods are considered continuous unless separated by an interval of at least half an hour in which the driver is able to obtain rest and refreshment. Any time spent by a driver on other work in connection with a vehicle or the load must be reckoned as driving time. Additionally, in a case of a public service vehicle, any time spent on a vehicle while on a journey in any capacity other than as a passenger is also to be reckoned as driving time.
Where a vehicle, however, is engaged in agriculture or forestry, time spent by the driver in connection with a vehicle, so long as it is not on a road, is not considered driving time.
Regarding the number of consecutive hours for rest which a driver must have in a specified period, such time must not include periods when the driver is bound by the terms of his employment to obey the directions of his employer, or to remain on or near the vehicle at a place where no reasonable facilities exist for the driver to rest away from the vehicle.
Should these regulations not be complied with, a person will c30
not be convicted if he proved to the court that the contravention was due to unavoidable delay in the ompletion of a journey arising out of circurnstances which could not reasonably have been foreseen.
" WHAT are the legal requirements regarding attendants, speed limitations and marking on a vehicle when a refuse collector draws a light trailer?" asks another reader.
This particular refuse collector has an unladen weight of around 4+ tons and on occasions hauls a drawbar trailer with an unladen weight of under I ton.
An attendant would not be required when the trailer was drawn, provided that, in addition to it having an unladen weight of less than I ton, the brakes of the trailer automatically came into operation on the overrun on the trailer, in accordance with regulation 105 (g) of the Motor Vehicles (Construction and Use) Regulation, 1955. There is, however, no exemption for such vehicles from the speed limits laid down in the First Schedule to the Road Traffic Act, 1960. Consequently, when operating solo the refuse collector would be limited to 30 m.p.h., which would be reduced to 20 m.p.h, when the trailer was drawn.
The requirement that their maximum permitted speed be marked on certain vehicles was revoked in 1957 and the only marking required on these vehicles is of their unladen weight.
APROSPECTIVE operator in the south-east writes that he is hoping to start up in livestock haulage and intimates that he has the offer of a carrier's licence. He asks for advice on how he can take the initial steps to have the licence transferred, and for some guidance on probable operating costs.
' As with many such inquiries, it is first necessary to emphasize that it is not possible to purchase, or even have transferred, a carrier's licence from another operator. However, where an existing operator is proposing to retire from business, for example, a prospective purchaser may apply to the Licensing Authority in that area for the grant of a new licence to him, coupled with the promise that if this new licence is granted then the licence of the existing operator will be surrendered.
If this procedure is adopted, and the Licensing Authority is satisfied that there has been sufficient work to justify the existing licence, the intending purchaser would have a far better chance of being granted a new licence than would otherwise be the case.
As a first step to an understanding of the principles of commercial vehicles costing, prospective operators would be well advised to study the introduction and articles on vehicle costing which are included in "The Commercial Motor" Table of Operating Costs, obtainable from the offices of The Commercial Motor, price 4s., postage paid. Additionally, of course, costs of many types of commercial vehicles are detailed.
The majority of inquiries received from prospective operators indicate that the person concerned has experience in Ion gdistance driving or maintenance of vehicles. It is rare indeed for such a reader to disclose any special knowledge of the type of traffic he proposes to carry, or the manner in which he hopes to obtain it. It cannot be over-emphasized that the sales and commercial aspect of transport operation is of vital importance, and certainly no less so than if a commodity were being offered for sale and not the provision of a service. Exceptional interest and skill in the engineering side of commercial vehicle operation is no substitute for business acumen.
In this particular instance, of all forms of haulage the carriage of livestock is one of the most specialized and demands (Continued on page 293)
an exceptional knowledge of the traffic carried both by the driver and the operator. Because live animals are carried, appropriate precautions have to be taken in loading, transit and unloading, so as to reduce possible injury to a minimum.
In addition to the several regulations which govern goods vehicle operation generally, there are provisions in the Transit of Animals (Amendment) Order, 1931, which regulate the carriage of livestock and construction of vehicles employed. Proper footholds must be fitted on the floor of the vehicle to prevent animals slipping, and the interior must be free from prbjections which could cause suffering to animals.
• Additionally, the vehicle must be so constructed to allow for a roof or other suitable covering to be fitted, so as to protect a carried animal from inclement weather. It must also be possible to inspect the interior from the outside of the vehicle, at a height not more than 4 ft. 6 in. from ground level, and records of movements must be kept.
Vehicles used for livestock haulage must be cleaned and disinfected as soon as possible after animals have been unloaded and before further animals are reloaded. Where, however, a vehicle is being used exclusively for moving animals between two points on one day, only one cleaning-out is deemed necessary.
"CAN a person holding a provisional driving licence drive a small van without supervision if he removes the passenger seat?" is the substance of another inquiry.
Presumably this query has been made on the basis of the _
exemption from the requirements of having a supervisor holding a full licence with a provisional driver if the motor vehicle is constructed or adapted to carry not more than one person.
Even though the passenger seat had been removed, the holder of a provisional licence *mild not be legally permitted to drive a small van without having a supervisor with him. This is because such vans would presumably be four-wheeled vehicles and therefore be classified as a "motorcar." Under regulation 16 (3) (a) of the Motor Vehicles (Driving Licences) Regulations, 1950, the holder of a prOvisional licence when driving a " motorcar " must be accompanied by a qualified driver until he passes his test. The adaptation of the " Motorcar "—as in this case by the removal of the passenger seat—has no beating on the matter, "T am 16 years old and my ambition, is to become a -Itransport manager. Could you please advise me of which professional body it would be an advantage to become a member?"
With a membership of over 10,000, the Institute of Transport is the major institute in this field and is devoted. to the promotion of the science and art of transport in all its branches. Meetings, lectures and discussions are held during the autumn and winter months both in London and in the provinces, whilQt facilities for studying and the holding of examinations are also included in the Institute's activities. The current handbook. setting out these activities in detail, is obtainable from the institute's headquarters at 80 Portland Place, London, W. 1.
The Royal Society of Arts, John Adam Street, London, W.C.2, also make provision for students interested in transport
operation and allied subjects. S.B.