Our company uses vehicles hired with out drivers, whom we
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supply ourselves, and vehicles supplied complete with drivers by haulage contractors operating under Contract A licences. We are not clear about the effect of operator's licensing in respect of these two different categories. Shall we have to cover either or both classes of vehicle on our own operator's licences in the various traffic areas in which we have our own C-licensed fleets?
ASection 61 or the Transport Act 1968
makes it clear that the motor vehicles to be authorized for use under an operator's licence shall be such vehicles as belong to the licence holder or are in his possession under a hire-purchase, hire or loan agreement. The key word here is "use".
The user of a vehicle will continue to be virtually the same, in law, as under the existing Act, that is to say the driver Of the vehicle belongs to him) or the person whose agent or servant the driver is. For most practical purposes, an operator's licence will be required by the person whose employee drives the vehicle. So a vehicle supplied with driver will need to be specified on the operator's licence held by the contractor, while a vehicle supplied without driver will need to be specified on the licence of the person who is hiring the vehicle and supplying the driver. We say "virtually" because there are complications caused by drivers supplied by employment or similar agencies who may not be the suppliers of the vehicles. We believe that this point is under consideration by the Ministry.
In the case of your company, you will need one operator's licence for each traffic area in which you have one or more operating centres,
and you will need to specify on that operator's licence the vehicles that you own and those which you hire without drivers. Your responsibilities for all these vehicles will be the total responsibilities placed upon all holders of operators' licences—including the obligation to see that the vehicles hired without drivers, and for which you provide drivers, are maintained in a roadworthy condition. The maintenance and condition of vehicles in the -Contract A" category will remain the legal responsibility of the contractor.