ORGANIZING THE MINISTRY'S Hi JLAGE SCHEME A Comprehensive Resume of
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the Many Detail Instructions and Regulations Concerning Conditions of Hire and Carriage, Terms of Payment and Insurance of Vehicles
and Loads
E have already given a general description of the road-haulage scheme which is being organized by the Ministry of War Transport, but quite apart from this a great deal of work has been done in arranging
matters of detail. The Ministry's announcements concerning these cover many pages and include tabular matter, but we can afford space and paper for only a précis.
Vehicles will be hired to meet conditions in three ways:(1) T. constitute the chartered fleet; (2) to augment this for short periods to meet peak demands; (3) to call up " Defence Line " vehicles to meet special emergencies.
In general, similar conditions of employment apply to these categories. Those in (2 )will not be hired for periods longer than a month, whilst the "Defence Line" will consist of all classes of vehicle, as they are required, to meet unknown emergencies. They may be used tor long-distance, short-distance or local work.
General conditions and terms and rates of payment are
described in the following documents:-General Conditions of Hire of Goods Road Motor Vehicles-RH/D/15. Terms of Payment of Goods .Road Motor Vehicles (Long-distance Services)-RH/D/16. Schedule to the Terms of Payment tor Goods Road Motor Vehicles (Long-distance Service)RII/D/17. Standard Hiring Rates of Goods Road Motor Vehicles, Showing Earnings at Various Mileages--RH/D/18. Terms of Payment for Hire of Goods Road Motor Vehicles (Short-distance and Local Services)-RH/D /19. Schedule to the Terms of Payment for Goods Road Motor Vehicles (Short-distance and Local Services)-RH/D/29. Standard Conditions of ,Carriage-RH/D/22. Minister's Insurance Directions under the General Conditions of Hire of Goods Road Motor Vehicles [Clause 8 (1)]-RH/D/23. List of Approved Insurers-RH/D/24. Certificate of Compliance with the Minister's Insurance Directions-RH/D/25. Copies of these will be given to all carriers who wish to offer their vehicles for hire.
We will now deal individually with the documents.
The Many Requirements of Government Haulage In Precis Form RH/D/15. (1) These conditions (except where varied in writing after consultation with the industry) apply to all agreements made by the Minister with a carrier for vehicle hire.
(2) Hired vehicles must be employed solely in accordance with the directions of the Minister,' who may send any vehicle on any journey at any time with or without load, in his discretion, and in the case of a short-distance vehicle, within the distance specified. All payments are subject to the carrier supplying all returhs that -the' Minister may require, and vehicles may not be substituted for the hired vehicles•without sanction. (3) Hired vehicles will be, for all purposes, under the control and management of the carrier, who must, at his own, expense, maintain them and employ drivers and attendants and all personnel necessary for their maintenance and efficient operation, the intention being that all running and other expenses, including payment of taxes, shall be paid by the carrier.
(4) (i) All personnel thus employed will be the servants or agents of the carrier, who must comply with legal requirements in respect of wages, hours of work and other conditions. He must observe the obligations respecting these specified in the Resolhtion of the House of Commons dated March 10, 1909; (ii) drivers shall be deemed to be entitled to accept full responsibility for the carrier in regard to loading and movements of vehicles.
(5) The carrier shall, during the hire and at his own expense (a) maintain the vehicles and their equipment in efficient working condition; (b) license and insure them to be used for the carriage of goods for hire or reward.
All For One and One For All
AS A Policy
(6) Carriers' facilities appropriate to the hired vehicles, including staff, premises and equipment, shall be available for the vehicles of other carriers in the course of their employment by the Minister, and in the same manner. In particular, the carrier shall give facilities to the delivery of instructions to the drivers of such other carriers, and provide for certifying on the daily work sheets and other documents such details as he may be in a position to give. No charge shall be made to the Minister for such services, but reasonable charges for garaging, repairing or servicing the vehicles may be made to the carrier for whom such services are performed.. The Minister shall not be entitled to call. upon the carrier to provide such facilities if this would prejudice the maintenance, etc., of the carrier's own vehicles or his obligations tinder the agreement.
(7) Subject to any reasonable objectiOn by the carrier to the personnel offered to him under this paragraph, the
Minister may requi're him to borrow from any other carrier, for such period as is directed, attendants, loaders or other personnel necessary for the efficient operation ofmny of the vehicles. The personnel so borrowed shall be deemed to. be employed by the carrier, but without prejudice to the prfo visions of section 5 (i) of the Workmen's Compensation Act, 1925. Relief drivers only for shunting may be borrowed in the same manner. • (8) (i) The carrier will indemnify the Minister against any liability arising out of the conveyance of goods by the vehicles or out of the tontract made between the Minister and the consignor, also against the consequences of the negligence of the carrier's servants or agents. Without prejudice to this obligation, the carrier will maintain, throughout the hire period, such insurances as the Minister may direct, including in these any liability of the Minister. (ii) The carrier shall produce any such policy or the receipt for the current premium at any time on reasonable notice by the Minister.
(9) The Minister shall bear the cost of any alteration in design carried out at his request, or of any special equipment fitted, and this will be the property of the Minister. Unless otherwise agreed, the vehicle shall be reinstated at the completion of hire, payment being made for any reasonable period required for the fitting and reinstatement. (10) The vehicle shall, if required, carry any device or mark which may be used for identification purposes.
(11) The carrier shall keep a record, of each journey performed by hired vehicles, and in the fornt required by the Miniater or any regulation.
(12) All directions given to the carrier by the Minister are to be executed with .the maximum of efficiency and dispatch, the Minister being informed of any incapacity in connection with the vehicles, also of any accident, damage or delay.
(13) In the event of a breakdown, the carrier must, unless otherwise instructed, replace the vehicle by another.
(14) In the event of any lbss or damage to goods conveyed, the, carrier must give immediate notice to the insUrer, and submit a complete report within seven 'days of the occurrence. In the case of theft, immediate notice must be given to the police.
(15) When a hired vehicle becomes unserviceable the carrier should do his best to provide a substitute vehicle, and, if accepted, this should be treated as though it were the hired vehicle until this is again fit for service.
(16) The Minister may, in his discretion and subject to conditions as to rates, permit the carrier to enter into private contracts with other persons for the carriage of goods by any of his hired vehicles, provided that he shall account for all sums payable to him in this respect, less 5 per cent. of the gross earnings on each, contract. In such cases the carrier shall be the principal, and in no circumstances the agent of the Minister.
How the Rates of Payment for Hire Will be Arranged RH/D/16. (1) The Standard Rates" mean those set out in the Schedule to these terms. " ConSultation " means with the Road Haulage (Operaticins) Advisory Committee. " Week " means seven 24-hour days ending at midnight on Friday.
(2) Rates payable to the carrier shall be the Standard Rates subject to any adjustment to meet the rise or fall in cost of licences, fuel, labour, material, etc., adjustment being determined after consultation, which will take place at intervals of not less than three Months at the request of the Minister or the Advisory Committee, adjustments to take effect from the date fixed by the Minister after consultation, and this date may be retrospective.
(3) The carrier will be entitled to the weekly payment referred to in the Schedule for every vehicle available for duty throughout the week, or in proportion to the time it be so available.
(4) Standard rates include payment for one driver (and statutory attendant where required) for a week of 48 hours. All reasonable garage expenses will be met, except where the carrier has accommodation for the' purpose of his own business. • Statutory subsistence allowance, additions to wages for Sunday and authorized holidays, and overtime and costs of additional drivers and other personnel will be paid where necessarily incurred in. the performance of the carrier's agreement. (5) Mileage payment will be on the basis of actual mileages approved as necessary for the carrying out of instructions. Point-to-point mileages, as laid down in the A.A. Handbook, shall be accepted, and shall be deemed to include collection and delivery within the railway free cartage area (if any) of the point of 'departure or destination. Stibject to this, allowance will be made for necessary detours and running outside the cartage area. (8) Where box bodies or other special fitments are provided the Minister will pay an extra agreed allowance.
Minister's Stipulations as to Hired Vehicle's Carrying Capacity (7) Carrying capacity will be agreed between the Minister and carrier, provided that where, in the case of any class of vehicle, the Minister, after consultation, has fixed the gross laden weight, the capacity in that class shall ,be the difference between the gross weight so fixed and the vehicle weight when fully equipped and fuelled. (8) Carriers must render accounts at the end of each period of 14 days to the area office concerned, and these.will be payable within 14 days of receipt, but.the Minister may set off any sums due to him (other than those referring to unsettled goods in transit claims) from the carrier. (9) Receipt notes will be the property of the Minister and must be signed and returned not less than seven days after the delivery of the goods. (10) With the approval of the carrier, cash advances may be made to drivers and second men, and shall be debited to the account of the carrier immediately on payment. RH/D/17. This is a Schedule to Terms of Payment for Hire of Long-distance Services, but the rates are worked out and included in the Table of Earnings at Various Mileages (RH/D/18). RH/D/19.. (1) This includes the meanings under RH/D/18, with the addition that " Day " means 24 hours ending at midnight. " (2) As in RH/D/16, except that any adjustment shall be determined by the Minister after consultation from time to time as necessary. (3) Payment will be for every hour in the week or day, as the case may be, including reasonable meal times, but ' excluding statutory rest times, during which the vehicle is under the Minister's directions. This direction is from the time it leaves its' permanent or temporary garage until it returns. Should it, while on duty, remain elsewhere overnight, the Minister will indemnify the carrier against loss or damage (other than fire and war damage) directly occasioned to the vehicle by this necessity, excluding the, results
of negligence of the carrier or his servants. For the . purposes of payment the vehicle shall not, while so remaining, be deemed to be under, the Minister's direction from the time when the driver is discharged for the night to when he resumes, but any wages to which the driver is entitled for all or any part of the time spent in travelling to and from the vehicle shall be payable lay the Minister, (4) Payments to carriers shall be calculated as follow:— (a) In the case of weekly contracts, at the rates. set out in the Schedule, and for every mile in excess of 250 miles per week, to payment at Schedule rates. (b) In the case of daily hire, the rates per hour (daily rates) in the Schedule, with an additional rate per mile in' excess of 45 miles per day.
(5) (a) Minimum payments shall be the weekly or daily payment, as the case may be, in the Schedule, with the additions as shown in (4), and if the vehicle has exceeded 48 hours per week: or, in the case of daily contracts, a minimum of 8/ hours per day, the carrier will allow for each hour so paid an additional five miles to the 'weekly or daily mileage given above. (b) To become entitled to any such payments, the vehicle must be available for duty throughout the week or day as required, provided that if it be available for part only of either, and it be used by the Minister during that part, the carrier shall be entitled to a corresponding proportion of the minimum weekly or daily payment.
(6) Reasonable garage expenses will be met, except where the carrier has accommodation for the purpose of his own business, Statutory subsistence allowance and additions for Sunday and authorized holidays will be paid where these • have been necessarily incurred.
• (7) Mileage payments will be on the basis of actual mileage approved.
(8) Where box bodies or other special fitments are provided, allowances as agreed will be made.
(9) Carrying capacity as under PH/D/16 (7). (10) Accounts must be rendered not later than Tuesday in the week following work carried out. They must identify each journey and the Ministry office from which the order ' was issued. Accounts will be payable by the Minister within 14 days of receipt, but sums due to the Minister may be set, off against payment.
(11) Receipt notes must be signed and returned within seven days of the delivery of goods.
Standard Conditions of Carriage Arranged for Hired Vehicles RH/D/22. (1) The Minister is not a common carrier and accepts goods only on the conditions set out.
(2) Any person contracting for the carriage of goods will be presumed to be the owner, unless the contrary be made known, and shall indemnify' the Minister against all claims arising from title to the goods paramount to that of the customer.
(3) The Minister may; for the contract, use any vehicles.
trailers, etc., and employ sub-contractors and agents. If conveyed for any part by rail or canal, they will be subject to the appropriate regulations and conditions, of which the customer shall be deemed to have notice.
(4) Transport of any goods may be refused. Dangerous goods must be accompanied by a full declaration and safOy packed for. transport by road. Customers must 'indemnify the Minister against all claims for injury to Property or persons arising 'from such carriage. " Dangerous Goods " means those 'specified in the Special Classification. of Dangerous Goods issued by the Railway Clearing House, •or, if not specified, those not accepted 'by the railways on the grounds of their dangerous nature. . (5) Goods must be adequately packed and addressed, the address including the consignee's name and full postal address. The customer must declare the nature of the goods, number of packages and gross weight of each consignment.
(6) The Minister may at any time require proof of the 'nature, conditions, quantity, weight or value of such goods •
at the.time they are received for transport. The Minister's liability, .where the customer is not 'the owner, will not exceed the customer's liability to the owner, and, in any case, shall be limited to £200 per gross ton, with a maximum of £3,000 per lorry or lorry and trailer load if covering a single consignment,
(7) Covers a large variety • of materials and goods for damage to which the Minister will not be responsible.
' (8) The Minister shall have a general as well as a particular lien for all monies due to him on 'goods and documents entrusted to him. A claim or counter-claim shall not be made the reason for deferring payment of any sums to the Minister, (9) Perishable goods refused by the consignee, not removed within' reasonable time, insufficiently addressed, or net delivered for any cause beyond the control of the 'Minister, may be sold without notice, and tender Of the proceeds, after deduction of freight charges and expenses, shall be equivalent to delivery.
(10) The customer will deliver goods on to, and the consignee will take delivery from, the tailboard. The Minister will be responsible for any loss or damage arising from stowage or unstowage, except where this is performed by the customer, the consignee or his agent.
(11) Except where definitely stated otherwise, All quotations based on tonnage shall apply to the, gross weight, unless the goods exceed 80 cubic ft. per ton weight, in which case the tonnage rate shall apply to each such measurement.
Access to Premises and Liability for Damage Thereby • (12) Quotations are furnished on the assumption that
there is pkoper access to premises. Unless warning signs be clearly displayed, the customer shall accept responsibility for damage within premises t:—(i) vehicles or loads, due to unsuitability of means for access; (ii) roadways, mains, bridges or approaches leading to the' loading or unloading point, due to the weight or nature of the vehicle or its load.
(13) Rates quoted allow reasonable time for loading and unloading. Any delay which brings the time for these operations in excess of 90 minutes per ton shall entitle the Minister to charge for demurrage. (14) If the consignee fails to accept delivery or it be found impracticable to effect delivery by the Minister's usual methods, thereby neeesaitating warehousing goods or their return to the sender or transport to another consignee, the expense shall be borne by the customer.
(15) Where quotations are made on estimated weights supplied by the customer, a variation of more than 10 per cent, over or under shall give the .Miniiter the right to charge for the actual weight or to cancel the quotation.
(to All quotations are subject to amendment. The rates quoted are subject to acceptance by the Minister at the tirrie the traffic is offered, and on the condition that the work can be carried on without interruption:
.(17) No agents employed by the Minister, other than those expressly authorized for that purpose, may alter, vary or qualify these terms or conditions.
(18) A condition of any contract•is that any claim must be made on the prescribed form through the carrier whose name and address are endorsed on the consignment note.
(19) Where the contract is for delivery to another carrier, the following conditions shall apply:—(a) Completion is when tee goods are tendered at the. station, wharf, depot or other premises at which delivery is to be taken; (b) any sums paid for the conveyance of goods beyond these places may be received by the Ministerlor the customer's convenience and held in trust for the carrier to whom the goods are to be delivered.
(20) The following additional conditions shall apply where the Minister accepts bulk liquids:—(i) Should a load' or any parthe found to be solid on arrlyal at the. consigneespremises or other terminal, the customer must arrange to supply heat to liquefy the load or must pay any cost so incurred; (ii) charges will be calculated on the weight when' received for transport by the Minister, no claim for loss of weight Will be' allowed unless supported by weight tickets olatained frem an authorized public weighbridge; (iii) charges, unless otherwise provided for in writing, cover the • services of one man and the customary length of hose, and the customer must provide, at his own risk and expense, at either terminal, any additional plant or labour necessary.
RH/D/23. Agreement has been reached with a• large number of insurers listed in REV1/24 (not reproduced) that the minimum insurance standards are to be on the under-mentioned basis in respect of vehicles on hire. Insurance with other insurers will be permitted if they give certain undertakings.
(1) The carrier must effect the following insurances:— Motor Vehicles; Goods in Transit; Employers' Liability, and shall notify the Minister accordingly before his vehicles are hired. When it is necessary to hire from the " Defence Lines " or otherwise at very short notice, the carrier must notify the Minister as to insurance as early as possible and render the form not later than seven days from the date of hire. Insurers have agreed, in such circumstances, to give retrospective cover.
(2) Motor Vehicles: The tariff form of policy for thirdparty, fire and passenger risk, including the hirer's indemnity clause concerning•the Minister, and another that loaned drivers are to be deemed'in the employ of the vehicle user, must be adopted as the minimum standard of cover. Excess not to exceed £100 for each claim without the consent of the Minister. Any other form of policy giving the same cover may be used, provided that the insurer gives an undertaking to pay all claims payable under the above tariff form. The fire cover may be effected by a separate policy which complies with the directions.
Goods in' Transit: The goods in transit policy shall cover at least the liability in respect of loss of, or damage to, goods under the Minister's Standard Conditions of Carriage. They must include a Clause indemnifying the Minister. Excess not to exceed £10 each without consent. The policy must be free of average, and may contain an exclusion of loss or damage by theft with the connivance of the carrier, his servants or agents.
Claims Arising Out of Goods in Transit: All claims must be made direct by the customer to the carrier in accordance • with the Minister's Standard Conditions of Carriage, and the consignment note will indicate that all claims must be so addressed. Where any claim is for the amount of the excess ordess, the carrier will meet the claim direct. Where it is for more than the excess, the carrier will pay the excess to the insurer, who will settle the full claim on the carrier's behalf.• (8) Employers' Liability: The tariff form of Employers' Liability policy with Endorsement (140) indemnifying the Minister, is to be adopted as the minimum standard of cover. Any other form of policy giving the same cover may be used with an undertaking to the Minister to pay all claims which would be payable under the, above tariff form. In the case of " borrowed " drivers and other personnel, the " lending " employer's policy must include a clause indemnifying the " borrowing" employer, the lending employer being responsible for declaring wages to the insurer. Insurers listed have agreed to include this without charge.
(4) Lift Van (Container) Insurance: Lift vans, the property of the carrier, loaned to the Minister or other carriers, must be insured against comprehensive risks with the usual indemnity, otherwise the carrier will be deemed to be his own insurer without recourse, as he will be in the case of such lift vans, when not so loaned. In the case of lift vans hired by the carrier, the hirer must effect the insurance, which must indemnify owner and Minister. The goods in transit policy must cover a lift van accepted froth a customer, for conveyance, either empty or with goods.
(5) Plant Insurance: Where insurances already exist these shall be continued and extended to indemnify the Minister. Where the carrier holds no insurance, he is not required to take out a policy, but must take steps to comply with the Factory and Workshop Acts.
RII/D/25. This is a Certificate of Compliance with the Minister's Insurance Directions.
RE/D/26. If any vehicles in the " Defence Lines" are called up and hired, the standard conditions and rates laid down will apply. Vehicles can be offered at varying periods of notice (6, 12, 24 and 48 hours). Operators should make their offer on the basis of the shortest periods of notice they can reasonably afford. Operators will be able to obtain from sub-district offices forms on which to volunteer and of agreement to supply vehicles. Enrolment is so designed that there can be indicated in three classes of vehicle (open, closed and tippers) the total carrying capacity offered, the average capacity and the smallest capacity vehicles to be included. Operators will not be asked to specify actual vehicles, but only the capacity, so that they will be able to supply those most readily available if and when the call comes. Completed forms should be forwarded to the Regional Transport Commissioner through the District Transport Officer in whose district the particular vehicles are based. Separate offers must be sent for those rationed in different sub-districts.