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Costly Omissions

5th April 1963, Page 87
5th April 1963
Page 87
Page 88
Page 87, 5th April 1963 — Costly Omissions
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Which of the following most accurately describes the problem?

rHE annual reports of the Licensing Authorities for the year ending September 30, 1961, disclose that there were 9,837 prosecutions during that period in connection with )ffences relating to the keeping of records, with 9,242 :onvictions. These figures compare with 8,414 prosecutions ind 8,234 convictions in the previous year. But even these igures do not represent the whole picture. In addition, a ubstantial number of warning letters were sent by the leensing Authorities in respect of apparent record offences ind so substantiating ,still further the widespread habit of

ncorrect record keeping. .

• Experienced operators may find it surprising that ignorance if legal requirements which have existed for over 30 years hould still persist, even allowing for the proportion where leliberate falsification was proved.

The continuing hie level of failure to keep proper records s probably partly the result of the large increase of C licence pods, vehicles and particularly small delivery vans operated ingularly or in small numbers. As ancillary vehicles, the radei: understandably reckons the running of them as econdary to his main line of business. In such cases the chicle is considered more as an extension of the business tself rather, than a form of transport. There is a correponding, but erroneous belief, that the complexities of the everal Transport Acts and allied regulations do not apply a their limited form of operation. The number of prosecuions just stated, as they apply to ancilliary users, prove otherrise.

The owner of a carrier's licence is obliged to keep records

• s defined in Section 186 of the Road Traffic Act, 1960. It is stated there that it is the holder's duty to keep, or cause to be kept, current records showing the time at which every driver or attendant employed by him started and finished work, and also the intervals of rest. Particulars must be recorded of each journey on which goods are carried, indicating the maximum weight carried at any one time, and a description of the goods and their destination. For the purpose of this requirement a driver of a vehicle includes any person employed on work in connection with a vehicle or its load and, in addition, the holder of the licene when himself acting as the driver.

It is necessary for the holder of the carrier's licence to retain every record kept under these regulations for a period of three months beginning on the date on which the record was made, and for such further period not exceeding six months as may be required by the Licensing Authority or Chief Officer of Police, During the period in which a holder is required to retain such records he must produce them for inspection if required to do so at any time by an authorized _ person. In this context an authorized person means the Licensing Authority (or persons authorized by him) or a Chief Officer of Police.

Persons failing to comply with the provisions of this section of the Act, or any regulations made for the purpose, are liable on summary conviction to a fine not exceeding £20, or in the case of a second or subsequent conviction, for a fine not exceeding £50.

Despite this legal obligation to keep records as to hours' of work, journeys and loads, there is no statutory log sheet, although there are recommendations as to the manner in which

such records should be kept. Within limits, therefore, the layout of a log sheet can be varied to individual requirements thereby providing the opportunity to meet a statutory but non-productive requirement and provide worthwhile information for the operator simultaneously. Indeed many operators find it convenient to make log sheets drawn up in this manner form the basis of their recording system.

Thc recommended form of log sheet is appropriate to four differing sets of circumstances, namely, full-time drivers on collection and/or delivery within 25 miles radius from loading base, part-time drivers similarly engaged, full-time drivers on journey work, and part-time drivers on journey work. An example of one of the most comm-only -used, 'namely full tination On occasions when part-time drivers

(10) were employed on journey work the log sheet would be similar to the one shown here with the additional information as to the time spent in connection with the vehicle or load as distinct from the over all time spent at work. Incidentally this additional information could then be inserted in columns provided for this purpose between thz existing columns five and six shown on page 85.

As stated earlier, there is no restriction to a precise statutory log sheet so that in theory it would be possible to draw a comprehensive form suitable on any of the four occasions stated, namely fun-time or part-time drivers operating either within or beyond a 25-mile radius. In practice, however, it would normally be found that such a log sheet was unnecessarily complicated and wasteful, since some portion of it would remain unused on any one occasion.

A CURRENT RECORD, It will be noted that Section 186 requires the keeping of a current record which, in effect, requires each item of information to be entered on the log sheet as soon as possible. Thus, in the example shown on p. 85, columns one, two and three as well as the heading must be entered up before the vehicle concerned leaves the depot. This information concerns the name of the driver, the date and time he last ceased work and the time he commenced work, together with the entry of the name of the holder of the licence (where this is not already printed on the form) and the date to which the log sheet refers.

As is often the case many vehicles have to be driven from a garage or parking place to the first point of collection or delivery before the day's work can usefully commence. In this frame of mind it is an understandable but illegal fault to omit to make these initial entries until this dead mileage has been completed, because the driver considered he had not actually commenced wotk.

Correspondingly, each additional item of information must be entered up as soon as it becomes available. In this connection, another common fault, particularly where a journey without either collection or delivery lasts throughout the day, is for the driver to omit to enter his meal time, although this has actually been taken. According to the record as it stands by mid-afternoon, it would appear that such a driver has exceeded the statutory five and a half hours driving period, although in fact it is the record and not the period of driving which is at fault.

Log sheets must be carried by the driver until completion of his spell of duty when he must sign it. Where a statutory attendant is carried it is not necessary for him to sign the log sheet in addition to the driver, but if for any reason two drivers are employed on one vehicle and only one log sheet is kept then both drivers must sign it.

On completion of a log sheet a driver is required to hand it over to his employer within seven days. This requirement therefore permits the use of a weekly log sheet if it is found that this arrangement is more suitable for a particular type of operation; for example, tramp or long distance working where the driver and vehicle are away from the home base for several days and nights in succession. If, however, daily log sheets are used a driver is not obliged to produce log sheets of previous days working, although he had not yet returned to his home base at the time the request to produce records was made by an authorized person.

DUAL-PURPOSE VEHICLES Because of the popularity of dual purpose vehicles for use by traders several requests are received from readers as to their position regarding the keeping of records. Because of the similarity of this type of vehicle with a private car there Is a natural tendency of the users of these vehicles to overlook the possibility of the need to keep statutory records.

As its name implies a dual purpose record can be used either for the carriage of passengers or goods. Even then, however, a further distinction has to be made as to the type of goods carried before the correct type of licensing can be determined and the ensuing requirements met. If the goods carried in a dual purpose vehicle amount to nothing more than personal effects, tools or samples (such as might often be carried in a private car) it will not be considered to be operated as a goods vehicle and a carrier's licence would not then be necessary. It therefore follows that as the Act requires only the holders of carriers' licences to keep statutory records, the driver of a dual-purpose vehicle limited to carrying goods of this nature will not be required to do so.

azt/ But if, as is more likely the case when dual purpose vehicles are used by traders, any goods whatsoever, however relatively small in quantity, are carried in connection with those trades or businesses (or for hire or reward in the case of a professional haulier) a carrier's licence would be necessary with the resulting obligation to keep records Considering the practical aspect in the use of log sheets, it should be borne in mind that by their very nature they will be compiled by drivers on service and consequently the paper on which they are printed should be of reasonably serviceable texture. Although, as stated earlier, it is legally permissible to have a weekly_log sheet, many users of commercial vehicles nevertheless find it more convenient to employ daily log sheets, especially when the majority of the vehicles return to the home base each night. In such circumstances regular collection of the log sheets each day will provide the opportunity to keep right up to date with engineering and traffic records.

This procedure assumes that the operator is taking advantage to vary the layout of the log sheet within limits so as to include the recording of additional information which, whilst not a legal requirement, is essential to any transport records system. Such information would of course include a record of the daily mileage and fuel consumed. The daily mileage would be obtained by deducting the morning mileometer reading, from the corresponding figure at the finish. But it is important that the person responsible for the daily collection of log sheets should make sure that the mileometer reading at the finish is correctly carried forward as the mileometer reading to the start of the following day's sheet.

NOT PRACTICAL For general usage it is not practical to calculate the amount of fuel consumed during any one day by dipping the tank at start and finish, especially if a vehicle is away from home base for one or more nights. If all vehicles return to their depot each night, as applies to many retail delivery and p.s.v.s, then a policy of filling the tank at the completion of each days' work will obviously at the same time reveal the amount used during the day. But where this is not a practical proposition, every endeavour should at least be made to fill all tanks of vehicles regularly on one specified day of the week which will normally be a Friday or Saturday. In that event the quantity used during the week, and corresponding to the mileage run, would be obtained by the addition of all quantities used during the week since the state of the tank at both start and finish would have been the same. Provision for these entries can be appropriately made when drawing up the layout of the log sheets.

However much paper work may be considered nonproductive, some has nevertheless got to be undertaken, in which case it is worthwhile giving more than what is often little more than cursory attention to the layout of any forms used Sc as to facilitate the work to be done. Such relatively simple matters as the rapidity with which one particular sheet can .be selected from a batch assumes more realistic importance wher a valuable customer is waiting on the phone for information about his consignment or proof of delivery. Even in a corn. paratively small fleet several thousand daily log sheets could be accumulated in the course of the year, assuming they were ketr for the operators own use beyond the statutory three monthi period. It is therefore an advantage to provide for the insertior of the information which distinguishes one log sheet frorr another, namely the date and vehicle number, so that it appean at the right top corner of each sheet, and is convenient foi flicking through a batch of such sheets.

As the maximum weight at any one time has to be recorde( in accordance to the statutory requirements it is a comparativel: simple matter to extend the entries relative to goods curie( so as to provide not only the appropriate description but thi varying weights. Should the weight shown on the daily iot sheet in this manner be subsequently summarized to provide weekly fleet tonnage, prior agreement has to be reached as ILI whether the appropriate quantity was recorded at the time o collection or delivery. Otherwise at the completion of a journe: stretched over more than one day, there would be a danger o duplication of the same weight being recorded both at the tint

of collection and delivery. S.B.

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Organisations: Licensing Authority

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