Licensing Problems Elucidated
Page 43
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The 17th Article of the Series in which We Answer Typical Questions on Different Subjects Resulting from the Passing of the Road and Rail Traffic Act
FOR the 17th successive week we print a selection of the most interesting inquiries concerning the Road and Rail Traffic Act, answered by the Editor. Seventy-nine questions and replies have now been published.
A Problem of Drivers' Hours.
(77) QUESTION : We shall be glad if you can help us as regards the following question of drivers' hours, as there seem to be conflicting interpretations, even by people who should know.
Our question is, can we send drivers out and home on journeys taking 14 or 15 hours, two hours of which are allowed for meals?
Some people say we cannot, under any circumstances, work them more than 11 hours, plus two hours for meals.
ANSWER: No driver of any goods vehicle may drive for more than 51 hours without a rest, any interval of less than half an hour not being taken into account ; nor for a greater aggregate period than 11 hours in any period of 24 hours between 2 a.m, on one day and 2 a.m. on the next day. Further, in any period of 24 hors from the time he commences driving, he must be allowed 10 consecutive hours of rest, which may he reduced to 9 hours if 12 hours' rest be allowed during the next period of 24 hours.
The half-hourly intervals which the driver must have after every 51 hours driving may be taken as a "passenger " on the vehicle.
Time spent in attending to the vehicle or load, making adjustments, or loading or off-loading count as driving time, and the consecutive period of rest must not include any time during which the driver must obey the directions of his employer or remain on or near the vehicle, nor any time during which the vehicle is at a place where no reasonable facilities exist for him to be away from the vehicle.
Legal Identity of a Company Changed.
(78) QUESTION: We have traded as — and Sons for the past five years, but we registered as a firm only at the beginning of this year. Can we .still apply for " claimed " tonnage? Six contracts have been held, some for as long as 14 years. They can all be done with three 50-cwt. lorries. Could we claim for " contract " tonnage if we have forfeited our right to "claimed" tonnage? We have just obtained a contract to supply and deliver 1.000 cubic yds. of road materials. Is it in order to apply for a Class B licence in this case?
• ANSWER Any change in the legal entity of a company cancels the right to apply for " claimed" tonnage. The Act states thaf a contract vehicle must be used exclusively on the contract concerned, which must be of not less than one year's duration with some person other than a haulier for the transport of that person's goods in connection with his trade. Strictly speaking, therefore, a vehicle cannot be used on two contracts.
A Class B licence is not required unless you are carrying your own goods as well as those of other people. You should be able to obtain a " contract " licence for the one or more vehicles used to carry the road materials if this contract be with the direct suppliers of the material and not with anyone who is arranging for its haulage.
Must Advertising Vans be Licensed ?
(79) QUESTION: IS it necessary for us to license small vans which are used only for advertising purposes and not for the carrying of goods?
ANSWER: YOU raise a particularly interesting point. In many areas, including the Metropolitan, a vehicle may not be run purely for advertising purposes, this rendering the owner liable to prosecution for obstruction, and in several instances the police have taken action.
If such vehicles could be run empty then they would not be subject to the provisions of the above Act, but if for legal reasons they have to carry a load, then they must be licensed.
It would appear safer, however, to run them under a Class C licence, because there is no restriction in connection with this class of licence so far as the number of vehicles is concerned, and they can be purchased immediately, provided notification be given to the licensing authority within one month of purchase ; they are subject only to occasional inspection and must bear either the name and address of the user or a special Class C number.
Of course, under a Class C licence no goods could be carried for other people for payment, although the owner may make a charge for delivering parcels to customers in connection with his own business.