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The Licensing and Regulation of Public-service Vehicles
Page 129
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IN its introduction to its report on the licensing and regulation of public-service vehicles, the Royal Commission points out that howeVer obsolete is the law relating to mechanically propelled vehicles, in regard to the licensing of public-service vehicles it is archaic. The existing system of licensing is considered as totally unsuited to present-day requirements.
For the purpose of the report, the Commission has adopted the definitions of public-service vehicles included in the Draft Road Traffic Bill of 1927. These are :— Stage Carriage: That is to say, motor vehicles carrying passengers for hire or reward at separate fares (any or all of which are less than 6d.) stage by stage and stopping to pick up or set down passengers along the line of route, and any other vehicles carrying passengers for hire or reward at separate fares, and not being express carriages.
Express Carriages: Motor vehicles carrying passengers for hire or reward at separate fares and for a journey or journeys to some one or other common destination specified beforehand and not picking up or setting down passengers other than those taking the specified journeys, and vehicles carrying passengers for hire or reward at separate fares where no fare is less than 6d.
Contract Carriages: Motor vehicles carrying passengers for hire or reward under contract expressed or implied for the use of the vehicle, as a whole, at a fixed or agreed rate.
The recommendations do not apply to contract carriages for less than nine persons, to tramcars and trolley-buses, or to the London Traffic Area, which is subject to the provisions of the London Traffic Act, 1924.
Summary of the Recommendations.
Fur the purpose of the licensing of 'Public-service vehicles and the co-ordination of all passenger-carrying services, Great Britain shall he divided into Traffic Areas, each having three Commissioners. It is suggested that there shall in England and Wales be ten of these areas and four in Scotland (maps are included in the appendix). The delimitation of the areas ultimately fixed should form part of the Bill, but power should be given to the Minister of Transport to vary or adjust the appointments after an inquiry.
The Commissioners should be appointed by the Minister of Transport, but the chairman should be appointed direct. He should hold office for a term not exceeding seven years, as may be arranged, but should be eligible for re-appoints meat. The other Commissioners should hold office for a term not exceeding three years, but should be eligible for re-appointment. Before appointments are made there should be it consultation with the principal local authorities.
Duties of Area Commissioners.
The Commissioners shall, within their respective Areas, be the sole authority for licensing public-service vehicles carrying nine or more persons, also for licensing the drivers and conductors. To do this, they shall sit in public at convenient dates and places where they shall have discretion to hear and consider representations from perns other than applicants, but it shall be their duty to consider any representations made by any local authority, passengertransport undertaking, or other body or person directly interested in, or affected by, the proposed service.
The Commissioners shall have power to grant or refuse any licences, to " back" or refuse to " back " any route licences granted by the Commissioners of another Area.
In coming to a decision upon any application the Commissioners shall act judiciously and shall have regard to the following circumstances :—The traffic needs of the whole area; the provision of adequate and efficient services throughout it ; the elimination of unnecessary services; the provision (where possible) of services on routes which in themselves are unrentunerative; the co-ordination of all forms of passenger transport in the Area (e.g., the provision of bus services to extend and feed tramway and trolley-bus systems rather than to compete with them, and the co-ordination of road and rail services).
The Commissioners shall satisfy themselves that the timetables of regular services are so arranged as to provide the public with adequate facilities at ponvenient hours, and in such manner that the legal maximum speed limit for the vehicles used will not be exceeded.
If representations have been made to them, they may, after holding a public inquiry, fix maximum and minimum fares for any service in their Area.
Generally, the Commissioners shall aim at establishing an adequate transport service in their Areas, creating what has been termed "a controlled monopoly," i.e., the provision of services by an adequate number of controlled undertakings.
Powers of Local Authorities.
Power should be given to all existing licensing authorities and to all county councils to which this report relates to make regulations regarding the routes, stands and stopping places for public-service vehicles ; these' however, should not become operative unless confirmed by the Minister.
No alteration should be made in the existing law relating to the licensing of vehicles that are constructed to carry less than nine persons or to their drivers.
Before a public-service--vehicle licence be granted the applicant should be required to produce a certificate of fitness showing that the vehicle complies with the constructional requirements prescribed by the Ministry of Transport. Commissioners should appoint properly qualified certifying officers to examine vehicles and issue these certificates. A certificate of fitness should normally be valid for five years.
It should be an offence, except in certain circumstances, in which an express carriage may he used as a stage carriage, to use a vehicle as a stage carriage, express carriage or contract carriage if it be not licensed as a vehicle in that class, but one licensed as a stage carriage may be used as an express carriage or as a contract carriage, and if licensed as an express carriage may be used as a contract carriage.
The Commissioners should appoint examiners to inspect licensed vehicles and to ensure that they be sa`isfactorily • maintained, They should have power to atop and inspect vehicles at any time and to suspend the licence if necessary.
Conditions Attaching to Route Licences.
The Commissioners shall be empowered to attach conditions relating to hours, wages and conditions of service, and other conditions such as will secure the provision of suitable services, the route to be followed, the suitability of the vehicles for the route, and that fares shall not be unreasonable, having regard to the circumstances.
Applications for vehicle licences and route licences shall be made to the Commissioners of the Area within or through which it is intended to operate the service, or, in the case of a vehicle intended to run between two terminal points, to the Commissioners of the Area in which each point is situated. Neither a vehicle licence nor a route licence should be saleable or transferable in any circumstances whatsoever.
An applicant should have a right to appeal to a Court of Summary Jurisdiction against a decision of the Commissioners in the case of a driver's or conductor's licence, and to the Minister of Transport in the case of any other licence.
The Minister of Transport should have power to make regulations regarding such general matters in connection with licensing as will secure uniformity. He should also have power to make regulations as to the conduct of passengers and of that of drivers and conductors when acting as such; also as to such general matters as the fees payable, the marks to be carried, ete. The granting of licences should be restricted to drivers over the age of 21 and to conductors over the age of 18.
A public inquiry by the Minister should be obligatory in the case of all accidents to public-service vehicles which involve the death of a passenger, of a driver or conductor or other employee of the operator.
Insurance in respect of damage to persons or property should be made obligatory in the case of such vehicles, and the exemption clause proposed in the Draft Road Traffic Bill in the case of proprietors who satisfy the licensing authority of their financial ability to meet all such claims as may be made against them should be carefully reconsidered.