Costs and Conditions for
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CONTRACT CARRIAGES
More About the Difficulties—Legal and Otherwise—That Beset Those Who Seek to Take Up Private-hire Work as a Possible Escape from Nationalization
IN this explanation of the meaning of the term contract carriage and its application, I have already explained to a northern operator all the clauses but two of the seven which govern that use. I have told him that he must hire the coach as a whole to some other individual who gets together a party and is not doing this as a business, or making any money out of it.
"There are two more clauses," I said, and we can run them in together because they are inseparable.
" The holder of the p.s.v. licence," I said, " must make a record of every journey, and the driver must carry a work ticket which also gives information as to the journey.
The type of information and record is fully and properly stipulated," I said. "I will read to you what the taw prescribes.
" 'Every record shall contain the following particulars which shall be entered in such a manner as to be readily identifiable:—(i) The time and date of commencement and termination of the journey (ii) The point at which the journey commenced and terminated, and sufficient description of the route to show adequately the extent of the journey. (iii). The name and address of the person who made the arrangements for the bringing together of all the passengers for the purpose of making the journey as a party.'
That is the record you must keep. Now for the work ticket.
Details on Work Tickets
Every work ticket must contain the following particulars:---(i) Name and address of the owner of the p.s.v. licence for the vehicle used for making the journey. (ii) The time and date on which the journey is to commence. (iii) The date on which the journey is intended to terminate if other than the date of commencement. (iv) The point at which the journey is to commence and sufficient description of the route to show adequately the extent of the journey. (v) The name arid address of the person who made the arrangements for bringing together the passengers for the purpose of making the journey of the party.'" "But," he objected, it seems to me there is a lot of duplication in that."
"That's quite right," I said, and as a matter of fact the record can actually be duplicated. The Charnwood Publishing Co., Coalville, Leicester, will let you have a supply of forms quite cheaply, each of which combines the work ticket and contract carriage record.
Your records must be made not later than 72 hours after the completion of the journey and must be preserved c 1 0 for six months and be available for production during that time for inspection by any person authorized by any Area Licensing Authority. The work ticket, of course, must be made out at once, as the driver must carry it on the journey."
I'll tell you what I have in mind."he said. "The secretary of the Blank Slate Club is getting out a scheme whereby his members can be given a free drive to and from their work and homes. He will give me the order for the vehicle and I shall hire it, all according to these Provisions of yours. He is not making any money out of it; he is merely making the arrangements, and the vehicle is hired from me as a whole."
"Oh," I said, "just like a Yorkshireman. You've thought of a way round. But it will not work."
What is "Hire or Reward ?"
I turned to my little notebook and read this out to him.
"' Where, under a transaction effected by or on behalf of a member of a society on the one hand and the society or another member thereof on the other hand, a person is carried as a passenger in a motor vehicle in such circumstances that he would be deemed to be carried for hire or reward if the transaction were effected. otherwise than as aforesaid, then notwithstanding any rule of law he shall for the purposes of this Act be deemed to be carried for hire or reward.'"
All these clauses, I pointed out, as well as this new one which we had not yet talked about, were introduced to stop people from evading the lacy defining a contract carriage.
That was first laid down in the 1930 Traffic Act which merely said that a vehicle used on a special occasion for the conveyance of a private party was a contract carriage and at the time that seemed good enough. But from then onwards people began devising means, probably quite honestly, for using a coach without having a p.s.v. licence for it.
There was a tremendous amount of litigation between 1930 and the 1934 Road Traffic Act which embodies all these clauses and this last new one.
This one came about because in the intervening period there were quite a number of what were called "travelling clubs" formed. An operator prevented from running a bus in the orthodox legal way nevertheless used his vehicle as a bus, and when passengers came along made them members of a club, thereafter carrying them to and from their work at ordinary fares, but issuing receipts instead of tickets.