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THIS DOCUMENT IS THE PROPERTY OF HIS BRITANNIC MAJESTY'S GOVERNMENT
Printed for the Cabinet.
January 1933.
SECRET.
CP.
11
Copy No.
45
(33).
CABINET.
S C H E M E FOR T H E L I C E N S I N G
OF GOODS
VEHICLES.
MEMORANDUM BY THE MINISTER OF TRANSPORT.
1. BY Cabinet 55 (32), Conclusion 7 (a) and (b). I was asked to prepare, after
consultation with certain Departments, a draft Bill to regulate the transport
of goods by road on the lines recommended by the Conference on Rail and Road
Transport presided over by Sir Arthur Salter.
The Conference made certain proposals for increased taxation of the heavier
goods vehicles, which are being separately considered and would require, if
adopted with or without modification, to be embodied in legislation entirely
distinct from that dealing with a licensing scheme.
Preliminary drafts of the scheme have been circulated to the Treasury, the
Home Office, the Scottish Office, the Board of Trade and the Ministries of Health,
Labour and Agriculture. The points raised by these Departments have been
substantially covered in the revised draft which forms Appendix I of this memo­
randum. A copy has been sent to the draughtsman for his consideration, but, in
view of the early meeting of Parliament and the pressure which will undoubtedly
be exerted for some immediate declaration of policy, I think it would be advisable
if the Cabinet would take the scope and nature of the scheme into their
consideration in advance of the preparation of the actual Bill. It should, in fact,
be no more difficult to follow the proposals in their present shape than if they
had assumed their final legal form.
2. The immediate occasion of the Rail and Road Conference was the serious
position into which the main line railways have fallen under the stress of
conditions of competition which are widely regarded as inequitable. It is of
course recognised that^this is not the only cause of their difficulties and that
trade depression probably is at least as powerful a factor in the decline of their
traffics.
3 . But the general case for licensing goods vehicles rests, as the Royal
Commission on Transport pointed out. on a much wider basis and may be
examined under three heads : —
(a) The safety and convenience of the public, and economy in public
expenditure, both national and local.
(6) The stability and development of the road haulage industry itself under
healthier conditions.
(c) Justice to the Main Line Railway Companies.
I t may be noted in passing that many foreign countries and several British
dominions have recently introduced, or contemplate introducing as a matter of
urgency, measures drastically restricting unregulated competition between road
and rail transport, although it is too early to judge how far particular schemes
of licensing or regulation have been successful in achieving their objects.
In these circumstances it is not surprising that the Royal Commission on
Transport found in favour of extending the licensing system, which they had
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previously recommended for public passenger transport, to road hauliers and
that the Rail and Road Conference arrived at a similar conclusion and extended
it to all goods vehicles operating by road.
(a) Public Safety and Convenience.
4. The toll of road accidents continues to be a matter of the gravest concern
and, while too much must not be expected from the removal of any individual
cause of accident, there can be no doubt that the careless and illegal driving and
over-loading of goods vehicles accounts for a by no means negligible number of
deaths and injuries.
5. When the Road Traffic Act, 1930. was passed and a revised schedule
of speed limits was imposed by Parliament in the light of present-day conditions,
it was assumed that it would be possible through ordinary police means to secure
the effective enforcement of the law. It is, however, a matter of common
knowledge that on many roads heavy motor vehicles are habitually driven, by
day and at night, at speeds greatly in excess of those prescribed in the existing
schedule. The mobile police have done something towards securing a better
observance of the new speed limits, but police action has not been and probably
cannot be fully effective in securing adequate enforcement of the law unless a
greater amount of police time and effort is devoted to this purpose than is
practicable in view of the other heavy demands made upon the police force for
the detection and repression of crime.
Moreover, even when the police are able to take proceedings, convictions are
not always easy to secure from the local benches. In many cases the fines imposed
are insufficient to deter offenders from continuing to take the risk of conviction
in view of the substantial, though unfair, advantages to be gained by continued
breach of the law. If it is difficult for the police to enforce speed limits, it is
still more difficult for them to check the illegal overloading of vehicles or, except
in the most extreme and obvious cases, to prevent the use of vehicles which may
be dangerous or an annoyance to the public at large through the noise and
vibration which they cause.
6. I t may be added that the examiners of passenger vehicles not infrequently
report cases of vehicles which they have refused to license being converted into
goods vehicles without any material alteration to increase their safety. Such
vehicles, when used for the carriage of goods, may infringe the existing regulations
in regard to Construction and Use. but it is clearly impossible for the police to
examine each vehicle and while, in an extreme case, a man may be fined for
operating an unsatisfactory vehicle, there is no power to compel him to put it
right.
7. When one passes to other offences against the law, such as breach of the
provisions of Section 19 of the Road Traffic Act, 1930, which restricts on grounds
of public safety the hours of drivers of motor vehicles, it becomes almost
impossible for the police to carry out a statutory scheme of regulation which, while
directed to the public safety, involves intervention in the sphere of conditions of
employment. In practice the police are only able to take action in cases where it
can be shown that a serious accident has been due to excessive fatigue on the part
of the driver.
Still greater difficulties arise in connection with the enforcement of
Section 93 of the Act, which at present applies only to the operators of public
service vehicles, and, indeed, it may be said that the administration of this
section, which requires the observance of fair wages and conditions of employ­
ment, is outside the scope of police control altogether.
8. These considerations point to the necessity of a licensing scheme as the
only satisfactory and efficacious means of enforcing the decisions of Parliament
in matters of this kind. I t is useless, and worse than useless, to load the statute
book with regulative provisions without providing the machinery whereby they
can be effectively enforced. Backed up by continuance of police action or support
in those cases where, as at present, the police can properly intervene, " s p o t "
inspections by a small number of special traffic examiners should suffice to secure
observance of the law. The examiner would be used to bring or support
proceedings in the Courts, but the licensing authority would also have power to
revoke or suspend a licence where they are satisfied that the conditions of the
licence are not being observed.
9. The physical condition of the vehicles is not only an important element
in the causation of accidents and in annoyance arising from noise or vibration,
but may cause excessive road damage which adds to highway costs.
10. There is a further consideration to which attention may be drawn, and
that is the desirability of imposing upon the transport industry itself the cost of
its proper regulation, rather than throwing expense upon the' general taxpayer
and the local ratepayer.
(b) Stability and Development of the Road Haulage Industry.
11. The Royal Commission on Transport (paragraph 331 of their Final
Report) stated " . . . . we find the goods branch of the road transport industry
is in a condition which lacks all unity
"
In the past it has been easy for a man with little capital or experience to
obtain a goods vehicle on easy terms (under a hire purchase agreement) often
second-hand, and use it a t rates which may appear to him to be economical largely
because of failure to provide for depreciation, or because he can rely on under­
paid labour. The industry has always suffered from cut-throat competition in
rates within itself.
The Royal Commission dealt with this aspect of the matter as follows
(paragraph 342) :—
" . . . . the wages and general conditions of service in the industry
leave much to be desired. Although we have no doubt that there are many
firms to whom this criticism is not applicable, we cannot but feel that there
are others whose profits, if there be any, represent to a considerable extent
the difference, expressed in terms of money, between the wages paid and the
conditions obtaining, and the wages which should be paid and the conditions
which should obtain, if proper standards were maintained. Improvements
in these directions will go far to weed out the less desirable operators and to
place the industry on a sounder basis by removing the element of uneconomic
operation which undoubtedly exists."
They recommended the extension of Section 93 of the Road Traffic Act,
which applies the Fair Wages Clause to the drivers of passenger vehicles, to
include persons employed in connection with the licensed vehicles of road hauliers.
The Royal Commission further pointed out that, so long as the road
transport industry contained within itself operators who cut rates and main­
tained low standards for their workers, the position of the more responsible
operators was made difficult and uncertain, and they made in their Report
(paragraph 332) the important point, which has to be borne in mind in connection
with future policy, that'the internal organisation of the industry " is an essential
precedent to any attempt at general co-ordination with other forms of transport."
12. Even the critics of the Salter Conference^ Report have not objected to
the proposal to impose by statute upon road hauliers an obligation to pay fair
wages and observe fair conditions of service for persons employed. From the
point of view of the employers in the industry, protection against the quotation
of uneconomic rates by casual or piratical operators would no doubt also be widely
desired.
(c) Justice to the Main Line Railway
Companies.
13. In the Report of the Salter Conference (paragraph 35) the position is
summarised in the statement that the railway representatives do not ask that
either by taxation of commercial motor transport beyond its fair share of the cost
of the roads they use as their permanent way—
" o r by restrictive regulation not required in the public interest, traffic
should be forced back to the railways which they are not able to carry so
conveniently or on so low a basis of real cost. They do not ask that any class
of service which may have been rendered obsolete or comparatively
uneconomical by the new form of transport now available should be
artificially maintained."
14. The present scheme has been drawn up with due regard to these sound
considerations. I t is, however, necessary to be on guard against the suggestion,
which certain propagandists are assiduous to spread, that the whole problem cau
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be easily solved by repealing, the mass of statutory requirements imposed by the
Railway Regulation and Traffic Acts of last century by a stroke of the pen. This
aspect of the problem is further dealt with in paragraphs 33-35 of this
Memorandum.
If in addition to an equitable adjustment of taxation, effective measures
were taken to ensure that the carriage of goods by road was conducted (a) in
properly maintained vehicles which inflicted no unreasonable damage upon the
roads and were operated in respect of their speeds and loading according to law,
and (6) by labour remunerated at rates and employed under conditions applied by
the better operators, the railway companies' case would be met in part, but only
in part.
15. Thus, while the Salter Conference and the Royal Commission are
agreed in recommending that road hauliers should be licensed conditionally upon
the maintenance of their vehicles in a proper state of fitness and the observance
of fair wages and conditions for their employees, the former go a good deal
further; first, in recommending that the licensing system should be applied not
only to those carrying the goods of others for hire or reward, but also to those
using road vehicles for the purpose of their own business; and, secondly, in
proposing, as a condition of the licences granted to hauliers (but not ancillary
users), that the licensing authority should have regard to any excess in existing
transport facilities that may make the grant of a licence for the full number of
vehicles asked for against the public interest (paragraph 107).
16. Immediately on the publication of the Report, 1 invited representative
Associations to send me their observations. In considering the scheme, regard
must be had to the criticisms upon it, and in Appendix I I will be found a very­
brief summary of observations received from a large number of Associations in
so far as they are relevant to the regulation (as apart from the taxation) of goods
vehicles.
Draft Scheme.
17. The draft scheme set out in Appendix I indicates the scope and nature
of the legislative provisions required to give effect in principle to the
recommendations contained in the Salter Report.
18. It will be noted (paragraph I (ii)) that it is proposed to exclude from
the scope of the scheme certain agricultural vehicles, i.e., vehicles registered in
the name of a person engaged in agriculture and used solely for the haulage or
conveyance of the produce of, or of articles required for the purposes of, the
agricultural land he occupies, with an extension to cover the co-operative use of
such vehicles. Such vehicles are operated under different conditions from
commercial vehicles; at certain seasons of the year it is admittedly difficult for
farmers to observe the statutory hours of labour; and their use of the public
roads is limited.
In paragraph I certain other exemptions are proposed and power is taken
to exempt by regulation any particular class of vehicle. All exempted vehicles,
however, will be liable to examination on the grounds of physical fitness.
19. The Licensing Authority.—It
is no doubt generally expected in the
interests of simplicity and economy\ and as foreshadowed in the report of the
Royal Commission, that the existing machinery set up by the Road Traffic Act,
1930, for licensing passenger vehicles will be adapted to cover goods vehicles
and that the creation of an entirely new machinery will be avoided.
The scheme therefore provides (paragraph I I ) that the licensing authority
shall be the Chairman of the Traffic Commissioners in each area set up under the
1930 Act. By the beginning of 1934, which is the earliest date at which this
scheme could come into operation, the duties of the Traffic Commissioners with
regard to public service vehicles should have become sufficiently stabilised to
enable them to undertake, without much difficulty, the licensing of goods
vehicles.
The question has been considered whether the Chairman should sit with other
persons, e.g., the two Commissioners selected from panels nominated by local
-authorities, who sit in connection with the licensing of. public service vehicles.
On various grounds the proposal is not regarded as a good one: local authority
representatives would not he especially qualified and, in view of their direct
interest in reducing heavy traffic, and so saving highway expenditure, they might
be held to be biassed against road traffic. Local authorities are not the guardians
of industry in the same way as they are the guardians of the interests of the
travelling public, and they have had no jurisdiction in this respect in the past,
whereas they had long been licensing authorities for passenger vehicles.
If representatives of transport were added, it would lie necessary to include
representatives of both road and rail transport, and it is thought that these
interests, like representatives of trade and industry, would more appropriately
express their views by memoranda in support of or objection to particular
applications. The difficulty of obtaining the services of well-qualified persons of
judicial mind in an honorary capacity would no doubt be great. The Chairmen
of the existing Traffic Commissioners are entirely impartial, they have, or can
easily gain, a pretty shrewd idea of the needs of their areas and, sitting alone,
would no doubt reach quite as sound a conclusion as would be reached by a larger
body. Any objection that might, be made to the exercise of jurisdiction by a
single Commissioner would he mitigated, if not removed, by the constitution
proposed for the Appeal Tribunal.
20. Appeal Tribunal.—There are reasons for not automatically applying the
machinery prescribed by the Road Traffic Act, whereby appeals regarding the
grant, of passenger vehicle licences lie to the Minister of Transport. Appeals on
such matters before the passing of that Act lay to the Minister, and the juris­
diction over a wide range of matters connected with the fares, stages and services
provided by trams and omnibuses rested with public departments. In this case
a new type of jurisdiction is required and it may appropriately carry a new
machinery and an appellate tribunal of independent authority (paragraph X V I I ) .
A specially constituted Tribunal is proposed for Scotland.
21. The Salter Conference recommended in paragraph 111 (D) and (F) that
the licensing machinery should be such as to avoid delay and legal expense; the
scheme therefoi-e provides in paragraphs I V (5) and V (6) that, if objection is
made regarding a carrier's licence, written memoranda of objections shall be
furnished and the decision whether to hear oral evidence or sit in public is left
to the discretion of the licensing authority.
22. Carriers' Licences.—It is proposed (paragraph I I I ) that all licences for
goods vehicles shall be subject to the holder fulfilling the following conditions I ­
(a) maintaining the vehicle in a proper state of fitness; it will be possible
for use of ,a particular vehicle to he suspended until it has been
properly repaired;
(b) keeping proper records of journeys, & c ;
(c) observing the speed and weight limits;
(d) further, a Public Carrier's Licence shall be subject to the payment of
reasonable wages and observance of proper conditions of service for
drivers or statutory attendants of vehicles employed by the holder;
and a Limited Carrier's Licence shall be subject to the payment of
such wages and observance of such conditions by the holder only in
respect of drivers and attendants engaged in the conveyance of goods
for others for hire or reward.
The Report of the Royal Commission recommended that the Fair Wages
Clause be applied to road hauliers. The Salter Conference went further, and
recommended that reasonable wages and proper conditions of service should be
observed by all operators of goods vehicles. It no doubt appeared to the
Conference to be reasonable to require all operators to be subject to such a
requirement. From the point of view of the railways and public carriers proper,
it might appear unfair that persons using vehicles for the conveyance of
their own goods should he allowed to compete with them without being subject
to the same statutory regulation of wages and conditions of service as is
applicable to the public carrier; on grounds of public safety, moreover, it would
be desirable to take all possible steps to ensure that drivers of goods vehicles,
which are capable of high speeds and of inflicting serious injury to person and
property, should be responsible persons and reasonably remunerated.
The question, however, has been fully explored with the Ministry of Labour,
who feel that serious and far-reaching effects on collective arrangements in
industry as a whole would result if. in the case of persons whose use of motor
vehicles formed an ancillary p a r t of some other business or industry, it were
proposed to give to those employees engaged in one particular occupation—motor
driving—the statutory protection of the Fair Wages Clause, when other
employees in the same industry had not similar protection. A decision of an
outside tribunal in the case of one occupation in a business or industry might
also affect the balance of conditions in the business or industry as a whole.
Accordingly, it is proposed to limit the scope of the Fair Wages Clause to the
employees of public carriers and the employees of limited carriers engaged in the
conveyance of the goods of others for hire or reward. Such employees can be
regarded as forming an industrial unit of their own, and a protection afforded to
them would not have repercussions on industry generally.
Such a limitation, which would be in accord with the expressed views of the
Conference of National Organisations interested in Road Transport, would
greatly simplify the whole scheme and remove much opposition.
I t can be left to the Trade Unions and Employers' Organisations to suggest
amendments, which would be carefully considered, for limiting or extending the
scope of the application of the principle of the Fair Wages Clause, if they can
show such a course to be both practicable and desirable.
23. Ancillary Users.—The man who carries his own goods in his own
vehicles does so presumably because it is either cheaper or more convenient to him
to do so than to send them by rail, and it is proposed to keep the requirements
imposed on these " ancillary users " at a minimum. The scheme attached is. in
its application to them, a system of special registration, not carrying any onus
of proving public convenience or necessity, and their licences would be issued as
of course and for periods of three years.
24. Hauliers.—Two classes of road transporters remain : One. the general
haulier or carrier, whose whole livelihood depends on carrying the goods of others;
the other, the man who uses his vehicles partly for carrying his own goods and
partly for carrying the goods of others. The latter is the most difficult to deal
with; he takes an outward load of his own goods and debits himself as a manu­
facturer or trader with practically the whole cost of that transport, as he may
have to make the return journey empty. When he has delivered his load,
however, he is apt in many cases to cast round for a return load, and is prepared
to accept one a t almost any price, as the revenue is so much extra money. In this
way he cuts rates against both the regular haulier or carrier and the railways.
The regular haulier or carrier, on the other hand, has over a period to equate
his rates to his costs. He performs a service, however, which is often, especially
in the case of long-distance traffic, in direct competition with the railways.
25. L nder common or co-ordinated management of road and rail transport,
there would no doubt be suitably graded scales of rates and charges to reflect the
greater convenience of one or other means of transport. The Salter Conference,
however, recommended that the question of any control over rates should be left
for further consideration, as it obviously requires further investigation and very
cautious handling. But they recommended that the quantum of road transport
should, as p a r t of their immediate proposals, be adjusted so as not to produce any
uneconomic excess of the transport facilities available, no doubt hoping that this
would have the effect of preserving to the railways the volume of traffic they now
carry and a fair proportion of what may be anticipated when trade revives.
The main problem in a scheme of licensing is how to give effect to this
proposal. Some foreign countries have attempted a " routing system." In
undeveloped countries with few roads and relatively isolated centres of
population, this may be feasible. I n Great Britain conditions are quite different,
and it is the essence of road transport to carry anything at any time from
anywhere to anywhere; a routing system would therefore be unduly restrictive
in its operation, almost impossible in present circumstances to administer, and is
not advocated in any quarter. An alternative might be a limitation of the types
T
v
of commodities to be carried by road, but as a basis of licensing this is also thought
to be impracticable. Powers, however, could be taken (see paragraph X X of the
scheme) to prevent the carriage by road over certain distances of certain goods
which are now borne by rail or canal or coastwise shipping.
26. The scheme attached is put forward for consideration as devised to
secure fairer conditions of competition without unduly hampering the developing
industry of road transport. It provides for three types of licences :—
(a) A public- carriers licence for the regular haulier or carrier which will
allow him to carry goods for others for hire or reward without
restriction of route or area. He must apply for a licence in each area
in which he has a base or centre of operation. As a general rule a
haulier or carrier more or less limits his activities to a radius around
that base, and it is. proposed to give other persons providing transport
facilities for the goods of others in that area, except limited carriers
(see below), a right to object to his application. The Licensing
Authority will take into consideration the traffic needs of the district
to be served by the applicant, and will be able to judge the merits of
the application in the light of any objections received (paragraph IV).
(b) A limited carrier's licence for the dual user which will allow him to carry
his own goods without restriction, and the goods of others subject to
such restrictions as the licensing authority may see fit .to impose.
Other persons providing transport facilities for others, including
public carriers, are to be entitled to object to his application. It is
felt to be sound that the public carrier should have the first claim to
carry the goods of others by road (paragraph V).
(c) A private carrier'? licence for the ancillary user which will entitle him
to carry his own goods only, and which shall be granted without
question (paragraph VI). If strong opposition is felt to the proposal
to put the ancillary user under obligation to have each individual
vehicle operated by him specified on the licence, it would be possible
for him to be merely registered as a private carrier without the
necessity for notifying changes of vehicles; the licensing authority's
control, however, would be considerably weakened thereby.
The scheme makes provision for the necessary latitude to hire vehicles to meet
special circumstances, and to provide a margin for expansion of business, and to
bring trailers under control (paragraphs V I I and V I I I ) .
I t will be noted that, whereas the Salter Conference recommended only two
types of licence—one for hauliers, the other for ancillary users—the scheme
provides for three types by introducing the limited carrier's licence. This is
considered to be the most satisfactory means of overcoming the difficulty felt to
the proposal of the Conference to allow the ancillary user to act as a haulier
within an arbitrary radius of 10 miles (paragraph 111 E.); such a radius would
operate unevenly between rural and urban areas, for in the latter an ancillary
user could still conduct a very profitable haulage business, while in the country
the radius might be quite inadequate for the legitimate purposes of the licensee
and the convenience of the rural population.
27. Way-Bill.—Paragraph
X I I I makes provision for the carrying
of a way-bill or time sheet.
There has been much objection on the
part of the road transport interests to the keeping of *' useless records,"
largely no doubt because it is realised that the journey record will
provide a visible record of infringements of weights and drivers' hours,
and is an effective means of enforcement. I t is not, however, proposed
to require that more information shall be entered in the record than many
firms now require their drivers to keep on a daily way-bill; moreover, it is
proposed that the licensing authority shall have wide power to exempt
individuals from filling up details of what may be inappropriate or unreasonably
burdensome in view of the nature of their particular business. Sir William Ray's
Committee on Local Expenditure (paragraphs 125-6) endorsed the proposal for
a way-bill or time sheet as a means of checking overloading.
28. Paragraph X I X (a) embodies the recommendation (paragraph 1:20 of
the Salter Report) that the Minister should take power to exclude certain vehicles
from certain classes of roads. P a r a g r a p h X I X (6) is designed to meet the wishes
of local authorities by giving them power to restrict the use of roads within their
areas, subject to confirmation by the Minister of Transport.
2.9. P a r a g r a p h X X is designed to give effect to paragraph 124 of the Report
to empower the Minister to prohibit the carriage of certain goods by road for
more than certain distances. The powers proposed to be taken in the latter
paragraph are far-reaching and may give rise to opposition, and require most
careful consideration in principle and from the point of view of administration.
30. Both the Royal Commission and the Salter Conference attached
importance to an advisory body to give assistance to the Minister on transport
matters in the widest aspects. P a r a g r a p h X X I I provides for a Transport
Advisory Council of 25 members, upon which all transport interests can find
representation. Its functions will be purely advisory and the Minister will
not necessarily be obliged to accept a majority report. Provision would be
made for the Council to work through sub-committees to which the Minister
could appoint additional members with special knowledge of the matters to
be considered. In order to avoid overlap of function and administrative expense,
sory Committee established under the Ministrv
of Transport Act, 1919. would be abolished.
31. The scheme in its present form does not propose the institution of
driving tests for the drivers of motor vehicles. There may, however, be pressure
from the Trade Unions and from the strong "pedestrian"' element in the House
of Lords and from other quarters for some system of driving tests. To impose
such tests on drivers of all goods vehicles would involve considerable initial
expense : it would, however, be possible to provide that all persons who after
a certain d a t e - s a y , the 1st January, 1934—wish to drive heavy motor vehicles
(i.e., vehicles over 2i tons in weight unladen) should first have passed a driving
test.
The Railway Companies.
32. I t will be necessary to give consideration to the possibility of relieving
the railway companies of some of the statutory restrictions under which they
now conduct their business. The Salter Conference recommend that they should
be relieved of the obligation to publish their road rates imposed by their Acts
of 1928 pending such time as a similar obligation may be imposed on road hauliers
generally. This is a small matter (paragraph X X I ) .
33. How far it would be necessary or possible to relieve the railway
companies of any of their obligations in respect of not granting undue preferences
is a much more serious question, as is the further question how far, if at all, they
should be relieved of the obligation to publish their railway rates and make their
books open for inspection at any station by any trader.
As mentioned in paragraph 14, some of the trading bodies who have
commented upon the Salter Report suggest that the proper way of dealing with
the position is to relieve the railway companies of these requirements rather than
impose restrictions on road transport ;\but they make no specific suggestions and.
as the Report itself points out, the'' existing enactments have been thought
necessary in the public interest and, quite a p a r t from the statutory requirement,
it is not practicable for large public utilities to discriminate in the treatment
of their customers or to conduct their business on lines of secrecy. On the other
hand, there can be no doubt that the road hauliers' freedom from control in these
respects gives them a great competitive advantage. I have invited concrete
recommendations from important trading bodies, such as the Federation of
British Industries, on these points.
v
34. For the reasons given in the earlier part of this memorandum I should
not consider any action which it may be possible to take in relieving the railway
companies from present restrictions as a substitute for the establishment of a
scheme of licensing goods vehicles, but rather as a complementary measure for
bringing about a sounder economic position. The licensing scheme, as I have
pointed out, would in itself probably afford a basis for further correlation of
function between road and rail.
35. A subject which will, I think, in any case require legislative treatment
is the recent decision that the railway companies are not legally entitled to charge
flat rates for all traffics of a particular firm over a wide area.
36. In conclusion, attention should perhaps be called to the views expressed
by the Salter Conference to the effect that their recommendations (including those'
in favour of increased taxation) will not solve the difficulties which the railway
companies are now experiencing.
The Conference point out (paragraph 29) that they only offer an alleviation
of one of the causes of loss of railway revenue by dealing with any existing
unfairness in the incidence of highway costs and inadequacy of the regulations t o
protect the public and other users of the road against undesirable forms of road
traffic. In paragraph 30 they point out that this will not necessarily—
" r e s u l t in a situation that is of the maximum economic advantage to the
community as a whole. This would only be the case on the assumption that
we can properly isolate particular industries without regard to the essential
solidarity of industry and railway services as a whole and to the inter­
dependence of their fortunes. The correction of the incidence of highway
costs may mean that each class of road transport is in future paying its own
real economic cost. But the withdrawal from the railways of all classes of
traffic which finds road transport economical, even on this corrected basis,
may still create a situation on the railways which must react seriously upon
other industries. Railway transport caters for all industries; and its tariffs
have been built up on the principle of charging less than a proportionate cost
of service to certain traffics, and more to others. The limitation of charges
in the first case has been possible because the railways were also carrying the
other class of traffic. Even when we have corrected the incidence of highway
costs therefore the broad question remains, whether it is possible to retain in
permanent equilibrium two systems, the economic cost of service being the
guiding principle of charge for one set of industries, and ' what the traffic­
will bear ' for the other. I t must be recognised that some industries whose
goods are now carried by the railways on the latter principle, and whole
communities dependent upon them, would be most seriously affected if they
were charged the full proportionate cost of service
"
Summary of Points requiring Decision.
37. The main issues of policy and the principal points likely to give rise to
controversy on which I desire at this stage an indication of my colleagues' views
are as follows (the references in Arabic figures are to the paragraphs of the
foregoing memorandum and in Roman figures are to the paragraphs of the
scheme in Appendix I) :—
1. Should there be a special licensing system for goods vehicles to secure
the observance of certain minimum requirements-fitness of vehicles, observance
of speed and weight limits, and reasonable wages and conditions of service for
drivers engaged in the definite industry of the transport of goods by road?
(paragraphs 4-11 and 22, and I and I I I ) .
If s o ­
(a) Should the licensing authorities be the Chairmen of the Traffic
Commissioners sitting alone, with appeals to a special Tribunal constituted as
proposed? (paragraphs 19-20 and I I and X V I I ) .
(b) Should the carriers' licences be divided into three classes as proposed
(viz., Public Carriers', Limited Carriers' and Private Carriers' Licences) ?
(paragraphs 23-26 and I V - V I ) .
(c) Should the scheme provide that, after the expiration of the initial
licensing period, the licensing authority should be directed to have regard to
objections by others providing transport facilities on the grounds of excess of
facilities in the case of an application for a Public Carrier's Licence, and to
similar objections to an application by a Limited Carrier so far as it relates to
the carriage of goods for others? (paragraphs 24-26 and I V - V ) .
2.—(a) Should power be taken to exclude by Order certain classes of vehicles
from certain classes of roads? (e.g., vehicles of more than a specified weight might
[8139]
c
be prohibited from traversing unclassified roads in a defined area except for the
purpose of delivering or collecting goods from premises thereon).
(b) Should the powers of local authorities be increased so as to enable them
to make Orders (subject to confirmation by the Minister of Transport) restricting
the use of roads within their areas? (paragraphs 28 and X I X ) .
3. Should power be taken to prohibit by Order the carriage of certain classes
of goods by road for more than certain distances? (paragraphs 29 and XX).
4. Should the Railway Companies be relieved of their obligation to publish
their road rates? (paragraphs 32 and X X I ) .
5. Should a Transport Advisory Council be established with the composition
proposed and take the place of the existing statutory Roads Advisory Council?
(paragraphs 30 and X X I I ) .
6. Should a system of driving tests be established for the drivers of all or
certain goods vehicles—e.q., heavy Motor Cars? (paragraph 31).
P . J. P
Ministry of Transport,
January 26, 1933.
APPENDIX
1.
DRAFT SCHEME FOK THE LICENSING OF GOODS VEHICLES.
I. N O p e r s o n shall c a r r y g o o d s or b u r d e n on a public road in a m e c h a n i c a l l y - p r o p e l l e d
vehicle c o n s t r u c t e d or a d a p t e d for t h e c o n v e y a n c e of g o o d s or b u r d e n or in a t r a i l e r d r a w n by
a m e c h a n i c a l l y - p r o p e l l e d v e h i c l e , u n l e s s h e h a s first s e c u r e d from t h e L i c e n s i n g A u t h o r i t y a
public c a r r i e r ' s l i c e n c e , or a l i m i t e d c a r r i e r ' s licence or a p r i v a t e c a r r i e r ' s l i c e n c e , a s t h e c a s e
m a y be, on which t h a t vehicle- s h a l l be specified, or in t h e ease of a trailer on w h i c h a u t h o r i t y
to u s e a t r a i l e r s h a l l b e g i v e n ; p r o v i d e d t h a t a c a r r i e r ' s licence shall not be r e q u i r e d in r e s p e c t
of t h e c o n v e y a n c e of g o o d s o r b u r d e n b y —
(i) A t r a m c a r , a trolley vehicle, a p u b l i c s e r v i c e vehicle or a h a c k n e y c a r r i a g e , w h e n
used a s s u c h .
(ii) A vehicle r e g i s t e r e d in t h e n a m e of a p e r s o n e n g a g e d in a g r i c u l t u r e a n d used solely
for t h e h a u l a g e or c o n v e y a n c e of t h e p r o d u c e of, or of a r t i c l e s r e q u i r e d for t h e p u r p o s e s
of, t h e a g r i c u l t u r a l l a n d w h i c h h e o c c u p i e s .
( T h e scope of t h i s provision s h o u l d
correspond w i t h t h a t of t h e a m e n d m e n t m a d e by t h e F i n a n c e A c t , 1027, in p a r a ­
g r a p h 5 of t h e S e c o n d S c h e d u l e to t h e F i n a n c e A c t , 1020, e x t e n d e d t o c o v e r t h e
c o - o p e r a t i v e u s e of a v e h i c l e b y a n u m b e r of n e i g h b o u r i n g f a r m e r s ; o p p o r t u n i t y s h o u l d
t h e n b e t a k e n in t h e F i n a n c e Bill to e x t e n d c o r r e s p o n d i n g l y t h e r e d u c e d r a t e s of
t a x a t i o n n o w a p p l i c a b l e t o vehicles u s e d iu a g r i c u l t u r e . )
(iii) A t r a i l e r d r a w n b y a p a s s e n g e r - c a r r y i n g vehicle with s e a t s for less t h a n eight p e r s o n s .
(iv) G o v e r n m e n t v e h i c l e s .
(v; A vehicle for t h e t i m e b e i n g u s e d e x c l u s i v e l y b y a local or police a u t h o r i t y for r o a d
c l e a n s i n g a n d w a t e r i n g , s a n i t a r y or police p u r p o s e s .
(vi) A v e h i c l e used for fire b r i g a d e or a m b u l a n c e p u r p o s e s .
(vii) A vehicle or t r a i l e r of a n y c l a s s w h i c h t h e M i n i s t e r m a y by r e g u l a t i o n e x e m p t .
I I . T h e L i c e n s i n g A u t h o r i t y for e a c h a r e a m e n t i o n e d in t h e T h i r d S c h e d u l e t o t h e R o a d
Traffic A c t (as m a y from t i m e to t i m e b e varied) s h a l l b e t h e C h a i r m a n of t h e Traffic C o m m i s s i o n e r s
for the t i m e b e i n g .
Carriers'
Licences.
HI.
T h e L i c e n s i n g A u t h o r i t y shall h a v e p o w e r t o issue carriers" licences valid for a p e r i o d
n o t exceeding in t h e c a s e of a p u b l i c c a r r i e r ' s l i c e n c e t w o y e a r s , in t h e case of a l i m i t e d e a r n e r ' s
licence one y e a r , a n d i n t h e c a s e of a p r i v a t e c a r r i e r ' s licence t h r e e y e a r s , which s h a l l specify
t h e . vehicles t o b e covered b y t h e l i c e n c e .
A licence shall b e s u b j e c t t o t h e h o l d e r —
(a) M a i n t a i n i n g e a c h v e h i c l e specified on t h e licence in a c o n d i t i o n fit for s e r v i c e .
(1) T h e i s s u e of a c a r r i e r ' s licence s h a l l be s u b j e c t t o a d e c l a r a t i o n from t h e a p p l i c a n t
t h a t each vehicle is in a c o n d i t i o n fit for service a n d fulfils t h e r e q u i r e m e n t s of t h e C o n s t r u c ­
. ,tion a n d U s e R e g u l a t i o n s for t h e t i m e b e i n g in f o r c e , a n d will d u r i n g t h e c u r r e n c y of t h e
licence be so m a i n t a i n e d .
(2) C e r t i f y i n g Officers a n d vehicle e x a m i n e r s shall be a p p o i n t e d w i t h p o w e r s of
inspection of all goods v e h i c l e s ( i n c l u d i n g e x e m p t e d vehicles) similar t o t h o s e given in
T S. 60 (3) of t h e R o a d Traffic A c t , 1930.
(3) If a C e r t i f y i n g Officer or vehicle e x a m i n e r finds t h a t o w i n g to a n y defects a v e h i c l e
is or is likely t o b e c o m e unfit for service h e m a y s e r v e o n t h e d r i v e r i n t h e p r e s c r i b e d
form a n o t i c e of s u s p e n s i o n of t h e licence in r e s p e c t of t h a t p a r t i c u l a r vehicle w h i c h s h a l l
be o p e r a t i v e e i t h e r i m m e d i a t e l y , or, if he. is satisfied t h a t t h e d e f e c t s c a n b e r e m e d i e d in a
s h o r t t i m e a n d do n o t i n v o l v e a n y i m m e d i a t e risk t o p u b l i c safety, w i t h i n a n y p e r i o d u p t o
10 clays. A copy of t h e n o t i c e of s u s p e n s i o n s h a l l b e s e n t to t h e o w n e r of t h e v e h i c l e .
I n t h e c a s e of a n e x e m p t e d v e h i c l e , t h e C e r t i f y i n g Officer or v e h i c l e e x a m i n e r m a y
serve a n o t i c o on t h e d r i v e r of s u c h vehicle t h a t specified d e f e c t s shall b e r e m e d i e d t o h i s
satisfaction before i t is a g a i n u s e d for t h e c a r r i a g e of goods.
(4) A s soon a s t h e n o t i c e of s u s p e n s i o n b e c o m e s o p e r a t i v e t h e C e r t i f y i n g Officer o r
vehicle e x a m i n e r m a y r e m o v e t h e p l a t e from t h e v e h i c l e .
(5) T h e n o t i c e of s u s p e n s i o n s h a l l c e a s e t o b e o p e r a t i v e a n d t h e p l a t e s h a l l b e r e t u r n e d ,
or t h e n o t i c e of s u s p e n s i o n s h a l l n o t b e c o m e o p e r a t i v e , w h e n t h e o p e r a t o r h a s satisfied a
vehicle e x a m i n e r t h a t t h e d e f e c t s h a v e b e e n r e m e d i e d .
(G) T h e v e h i c l e e x a m i n e r s h a l l act u n d e r t h e direction of t h e C e r t i f y i n g Officer a n d
t h e M i n i s t e r m a y i s s u e d i r e c t i o n s to t h e C e r t i f y i n g Officer a s t o t h e m a n n e r in w h i c h t h e y
are t o c a r r y o u t t h e i r d u t i e s .
(7) A n o p e r a t o r w h o is a g g r i e v e d by a n o t i c e of s u s p e n s i o n m a y a p p e a l to t h e C e r t i f y i n g
Officer a n d from h i m t o t h e M i n i s t e r , b u t in t h e m e a n t i m e t h e n o t i c e of s u s p e n s i o n s h a l l
r e m a i n in force u n t i l t h e s u s p e n s i o n is r e m o v e d b y a vehicle e x a m i n e r or Certifying Officer,
or b y t h e M i n i s t e r . P r o v i d e d t h a t if t h e C e r t i f y i n g Officer c o n s i d e r s t h a t t h e C o n s t r u c t i o n
a n d U s e R e g u l a t i o n s for t h e t i m e b e i n g in force a r e c o m p l i e d with in r e s p e c t of t h e v e h i c l e
the suspension shall be removed.
(b) K e e p i n g r e c o r d s of h o u r s w o r k e d b y d r i v e r s , l o a d s c a r r i e d , &c, in t h e m a n n e r p r e s c r i b e d
by t h e M i n i s t e r of T r a n s p o r t (see p a r a g r a p h X I I I below).
(c) O b s e r v i n g t h e m a x i m u m l i m i t s of s p e e d a n d w e i g h t p r e s c r i b e d for e a c h t y p e of v e h i c l e .
(d) O b s e r v i n g t h e h o u r s of l a b o u r , &o., laid d o w n in S. 10 of t h e R o a d Traffic A c t .
[8139]
c 2
(e) F u r t h e r , a P u b l i c C a r r i e r ' s L i c e n c e shall be. s u b j e c t to t h e p a y m e n t of reasonable wages
a n d o b s e r v a n c e of p r o p e r c o n d i t i o n s of service for d r i v e r s or s t a t u t o r y a t t e n d a n t s
of vehicles e m p l o y e d b y t h e h o l d e r ; a n d a L i m i t e d C a r r i e r s L i c e n c e shall bo subject
t o t h e p a y m e n t of s u c h w a g e s a n d t h e o b s e r v a n c e of such c o n d i t i o n s by t h e holder
in r e s p e c t of d r i v e r s a n d a t t e n d a n t s e n g a g e d in t h e c o n v e y a n c e of goods for others
for hire or r e w a r d . ( T h e F a i r W a g e s C l a u s e (cf. S. 9 3 of t h e R o a d Traffic Act, 1930),
should form t h e basis of t h i s p a r t of t h e s c h e m e . )
If t h e L i c e n s i n g A u t h o r i t y is satisfied t h a t a holder of a c a r r i e r ' ? licence h a s c o n t r a v e n e d
a n y of t h e s e r e q u i r e m e n t s , or h a s wrongfully used his licence, lie m a y r e v o k e o r s u s p e n d t h e
licence [ i n r e f e r e n c e to all or a n y of t h e vehicles specified t h e r e o n ] s u b j e c t to t h e qualifications
of S. 74 of t h e l l o a d Traffic Act, w h i c h limit t h e exercise of t h e p o w e r t o cases where b r e a c h
of c o n d i t i o n s h a s b e e n wilful or f r e q u e n t , or d a n g e r o u s t o t h e p u b l i c , [ a n d in deciding w h e t h e r
t o r e v o k e or to s u s p e n d , a n d in d e t e r m i n i n g a period of s u s p e n s i o n , shall have regard to t h e
effect o n a n y c o n t r a c t s e n t e r e d i n t o by t h e h o l d e r ] .
- A p p e a l s a g a i n s t r e v o c a t i o n or s u s p e n s i o n s h o u l d go to t h e s a m e t r i b u n a l a s a p p e a l s against
refusals to g r a n t c a r r i e r s ' licences (see p a r a g r a p h X V I I below).
Tower will be n e c e s s a r y to e x p r e s s t h e licences to e x p i r e a t different t i m e s , so a s to spread
t h e w o r k of r e n e w a l o v e r t h e y e a r (cf. S. 8 0 of t h e l i o a d Traffic A c t ) .
I t s h o u l d be m a d e c l e a r t h a t a e a r r i e r ' s licence can a t a n y t i m e d u r i n g i t s c u r r e n c y be
modified or varied by t h e w i t h d r a w a l of v e h i c l e s , or t h e a d d i t i o n or s u b s t i t u t i o n of vehicles
o t h e r t h a n those originally specified (cf. p a r a g r a p h I V (o) a n d V ( 6 ) ) .
Public Carriers
Licences
(two y e a r s ' validity).
I V . — ( 1 ) A public c a r r i e r ' s licence shall e n t i t l e t h e holder t o use t h e vehicles specified on
t h e licence for t h e c a r r i a g e of g o o d s or b u r d e n for o t h e r s for hire or r e w a r d , a n d for n o other
p u r p o s e , s a v e for t h e c a r r i a g e of goods r e q u i r e d for t h e p u r p o s e s of his b u s i n e s s a s a public
carrier.
(2) T h e a p p l i c a n t for s u c h licence shall s u p p l y to t h e L i c e n s i n g A u t h o r i t y in writing and in
a p r e s c r i b e d form p a r t i c u l a r s of—
(a) T h e facilities he p r o p o s e s to p r o v i d e , including t h e limits within w h i c h h i s vehicles a r e
n o r m a l l y used.
(b) T h e n u m b e r and t y p e of v e h i c l e s h e p r o p o s e s t o use ( i n c l u d i n g t r a i l e r s ) .
H e s h a l l m a k e a s e p a r a t e a p p l i c a t i o n for a public c a r r i e r ' s licence in r e s p e c t of each b a s e or
c e n t r e from which h e p r o p o s e s t o o p e r a t e his vehicle o r vehicles to t h e L i c e n s i n g A u t h o r i t y in
w h o s e a r e a t h a t b a s e or c e n t r e is l o c a t e d ; p r o v i d e d t h a t it shall b e c o m p e t e n t for t h e Licensing
A u t h o r i t y t o a m a l g a m a t e a n y t w o or m o r e a p p l i c a t i o n s in r e s p e c t of t w o or m o r e b a s e s within
his own area.
(3) T h o L i c e n s i n g A u t h o r i t y in t h e exercise of h i s d i s c r e t i o n w h e t h e r t o g r a n t a public
c a r r i e r s licence shall h a v e r e g a r d t o —
(a) T h e n u m b e r a n d t y p e of vehicles p r o p o s e d to be o p e r a t e d u n d e r t h e licence (including
trailers).
(b) A n y o b j e c t i o n s m a d e by p e r s o n s , o t h e r t h a n p e r s o n s h o l d i n g l i m i t e d c a r r i e r s ' licences,
p r o v i d i n g facilities w h e t h e r b y r o a d or by a l t e r n a t i v e m e a n s of t r a n s p o r t (including
r a i l w a y s , c a n a l s or c o a s t w i s e s h i p p i n g ) for t h e c a r r i a g e of goods for o t h e r s for hire
o r r e w a r d in t h e s a m e d i s t r i c t s or a r e a s , o n t h e g r o u n d of a n e x c e s s of t r a n s p o r t
facilities, e i t h e r g e n e r a l l y or in r e s p e c t of a n y p a r t i c u l a r c l a s s of vehicles in t h e
districts which the applicant proposes t o serve.
(c) T h e p a s t c o n d u c t of t h e a p p l i c a n t a s a public c a r r i e r (cf. S. 67 (2) of t h e R o a d Traffic
Act).
I n t h e exercise of Iris d i s c r e t i o n it shall be c o m p e t e n t for t h e L i c e n s i n g A u t h o r i t y e i t h e r to
refuse a p u b l i c c a r r i e r ' s licence or to g r a n t o n e for v e h i c l e s of a n u m b e r a n d t y p e different from
t h a t c o n t a i n e d in t h e a p p l i c a t i o n .
(4) T h e L i c e n s i n g A u t h o r i t y shall h a v e power to issue i n t e r i m licences p e n d i n g completion
of a n y n e c e s s a r y i n q u i r i e s , a n d a l s o s h o r t - t e r m licences t o coyer s e a s o n a l or special b u s i n e s s .
(5) T h e L i c e n s i n g A u t h o r i t y shall give p u b l i c n o t i c e of a n y a p p l i c a t i o n for a public carrier's
licence a n d , in. h i s d i s c r e t i o n , of a n y a p p l i c a t i o n t o i n c r e a s e t h e n u m b e r of vehicles to be
specified o n such licence ( i n c l u d i n g t r a i l e r s ) , vmd of a n y p r o p o s a l to s u b s t i t u t e o n e vehicle by
-another of a different t o n n a g e or t y p e . If objection is m a d e , w r i t t e n m e m o r a n d a of objection
s h a l l be f u r n i s h e d , a n d in t h e d i s c r e t i o n of t h e L i c e n s i n g A u t h o r i t y oral e v i d e n c e m a y be heard,
a n d h e m a y s i t in public. W h e n oral e v i d e n c e is h e a r d , t h e a p p l i c a n t a n d objectors shall have
t h e r i g h t of being p r e s e n t .
(0) I n t h o c a s e of a n a p p l i c a n t w h o o w n e d a n d o p e r a t e d vehicles for t h e carriage of goods
or b u r d e n for o t h e r s for h i r e or r e w a r d a t an5" t i m e d u r i n g t h e y e a r i m m e d i a t e l y preceding the
i n t r o d u c t i o n of t h i s Bill, t h e L i c e n s i n g A u t h o r i t y shall in t h e first licensing period g r a n t a public
c a r r i e f s licence for an e q u i v a l e n t t o n n a g e of vehicles w i t h o u t q u e s t i o n , t h o u g h full particulars
-as r e q u i r e d in (2) a b o v e s h a l l he s u p p l i e d .
Limited
Carriers'
Licences
(one y e a r ' s v a l i d i t y ) .
V . — ( 1 ) A l i m i t e d c a r r i o r ' s l i c e n c e s h a l l e n t i t l e t h e holder t o use t h e vehicles specified on
t h e licence b o t h for t h o c a r r i a g e of goods or b u r d e n o t h e r w i s e t h a n for hire, or r e w a r d , a n d also,
s u b j e c t t o s u c h c o n d i t i o n s a s t h e L i c e n s i n g A u t h o r i t y m a y see fit t o i m p o s e , for t h e carriage of
g o o d s o r b u r d e n for o t h e r s for l u r e or r e w a r d ,
' " ,
. . .
(2) S a m e a s I V (2).
. .
' '
,
'
;
(3) Tlio L i c e n s i n g A u t h o r i t y in t h e exercise of h i s discretion w h e t h e r to g r a n t a
-carrier's licence s h a l l h a v e r e g a r d t o —
limited
(a) T h e e x t e n t t o w h i c h t h e a p p l i c a n t i n t e n d s to provide facilities tor t h e carriage of goods
for o t h e r s for h i r e or r e w a r d .
\h) T h e n u m b e r a n d t y p e of vehicles proposed t o be o p e r a t e d u n d e r t h e licence ( i n c l u d i n g
trailers).
(c) Any o b j e c t i o n s m a d e b y o t h e r p e r s o n s providing facilities, w h e t h e r by road or b y
a l t e r n a t i v e m e a n s of t r a n s p o r t , for t h e c a r r i a g e of goods for o t h e r s for h i r e or r e w a r d in
t h e s a m e d i s t r i c t s or a r e a s , o n t h e g r o u n d of a n e x c e s s of t r a n s p o r t facilities, e i t h e r
generally or in r e s p e c t of a n y p a r t i c u l a r c l a s s of v e h i c l e s in t h e d i s t r i c t s w h i c h t h e
applicant proposes to serve.
(d) T h o p a s t c o n d u c t of t h e a p p l i c a n t a s a l i m i t e d c a r r i e r ( c / . S . 67 (2) of t h e R o a d
Traffic A c t ) .
In t h e exercise of h i s d i s c r e t i o n it s h a l l b e
refuse a l i m i t e d c a r r i e r ' s licence or t o g r a n t o n e
t h a t c o n t a i n e d in t h e a p p l i c a t i o n , and t o a t t a c h
u n d e r it shall w h e n c a r r y i n g goods or b u r d e n for
c o m p e t e n t for
for v e h i c l e s of
a condition t o
o t h e r s for hire
tho Licensing Authority either to
a n u m b e r a n d t y p e different from
t h e l i c e n c e t h a t vehicles o p e r a t e d
or r e w a r d —
(i) bo l i m i t e d t o a c e r t a i n a r e a , a n d / o r
(ii) be l i m i t e d t o c a r r y i n g c e r t a i n c l a s s e s of goods, a n d / o r
(iii) be s u b j e c t t o s u c h o t h e r c o n d i t i o n s a s t h e L i c e n s i n g A u t h o r i t y m a y see fit t o i m p o s e in
t h e p u b l i c i n t e r e s t w i t h a v i e w t o p r e v e n t i n g w a s t e f u l c o m p e t i t i o n , provided t h a t h e
shall n o t p r e s c r i b e t h e r a t e s to b e c h a r g e d .
(4) S a m e as I V (4).
(5) T h e L i c e n s i n g A u t h o r i t y shall h a v e p o w e r at a n y t i m e to w a i v e or modify a n y c o n d i t i o n s
imposed by h i m u n d e r s u b - p a r a g r a p h (3) a b o v e .
(6) S a m e a s I V (5).
(7) I n t h e c a s e of a n a p p l i c a n t w h o o w n e d a n d o p e r a t e d vehicles p a r t l y for t h e carringe of
gcxxls or b u r d e n for o t h e r s for h i r e or r e w a r d a n d p a r t l y for h i s own p u r p o s e s a t a n y t i m e d u r i n g
t h e year i m m e d i a t e l y p r e c e d i n g t h e i n t r o d u c t i o n of t h i s Bill, t h e L i c e n s i n g A u t h o r i t y shall in t h e
first year g r a n t a l i m i t e d c a r r i e r ' s l i c e n c e for a n e q u i v a l e n t t o n n a g e of v e h i c l e s , a n d s h a l l n o t
a t t a c h a n y c o n d i t i o n ( o t h e r t h a n t h o s e r e q u i r e d b y p a r a g r a p h I I I t o be a t t a c h e d to all c a r r i e r s '
licences) w h i c h w o u l d e n t a i l a n y s u b s t a n t i a l i n t e r f e r e n c e w i t h t h e b u s i n e s s c o n d u c t e d b y h i m
d u r i n g t h a t y e a r , t h o u g h full p a r t i c u l a r s a s r e q u i r e d in (2) above shall b e f u r n i s h e d .
Private
Carriers'
Licences
(three years' validity).
V I . — ( 1 ) A p r i v a t e carrier*s licence shall e n t i t l e t h e h o l d e r to use t h e vehicles specified o n t h e
licence o n l y —
(a) F o r t h e c a r r i a g e of goods or b u r d e n o t h e r w i s e t h a n for h i r e or r e w a r d iu c o n n e c t i o n with
h i s t r a d e or b u s i n e s s , a n d
(b) F o r t h e c a r r i a g e in c o n n e c t i o n w i t h h i s t r a d e or b u s i n e s s of goods or b u r d e n which he
m a n u f a c t u r e s or r e p a i r s , or in w h i c h h e d e a l s .
(2) T h e a p p l i c a n t for s u c h l i c e n c e s h a l l s u p p l y in w r i t i n g in a p r e s c r i b e d form p a r t i c u l a r s of
t h e n u m b e r a n d t y p e of v e h i c l e s ( i n c l u d i n g t r a i l e r s ) h e p r o p o s e s t o u s e a n d s h a l l a p p l y i n t h e a r e a
in which h i s H e a d Office or p r i n c i p a l p l a c e of b u s i n e s s is l o c a t e d .
(3) S u c h licence shall b e g r a n t e d as of c o u r s e b y t h e L i c e n s i n g A u t h o r i t y e x c e p t in t h e case
of a person w h o s e c a r r i e r ' s licence is s u s p e n d e d or h a s at a n y t i m e b e e n r e v o k e d , a n d in s u c h
eases the g r a n t of a fresh liqence shall be in t h e d i s c r e t i o n of t h e L i c e n s i n g A u t h o r i t y .
Hiring of
Vehicles.
VII.
T h e h o l d e r of a c a r r i e r s l i c e n c e m a y a t a n y t i m e ( i n c l u d i n g t h e t i m e a t which lie
m a k e s a p p l i c a t i o n for s u c h licence) a p p l y t o t h e L i c e n s i n g A u t h o r i t y for p e r m i s s i o n t o h i r e vehicles
(including trailers) a n d u s e t h e m u n d e r h i s licence ( t h e p e r m i s s i o n could t a k e t h e form of allowing
cither a n u m b e r of h i r e d v e h i c l e s n o t e x c e e d i n g
p e r c e n t , of t h e v e h i c l e s specified o n t h e
licence, or a specified n u m b e r a t t h e d i s c r e t i o n of t h e L i c e n s i n g A u t h o r i t y ) ; a d e t a c h a b l e p l a t e of
a special c h a r a c t e r shall be issued t o t h e h o l d e r in r e s p e c t of e a c h vehicle so a u t h o r i s e d , and shall
be affixed t o t h e vehicle w h e n it is u s e d b y h i m u n d e r h i r e .
N O T E . — T h i s p a r a g r a p h is i n t e n d e d t o c o v e r t h e o r d i n a r y case of h i r i n g a vehicle b y o n e
c o n t r a c t o r from a n o t h e r ; legally a vehicle a c q u i r e d u n d e r t h e h i r e - p u r c h a s e s y s t e m , is
let on h i r e u n t i l t h e l a s t i n s t a l m e n t h a s b e e n p a i d ; it will be n e c e s s a r y to m a k e i t . c l e a r
t h a t t h e p a r a g r a p h does n o t a p p l y t o h i r e - p u r c h a s e .
Trailers.
V I I I . No p e r s o n shall u s e a t r a i l e r for t h e carriage of goods u n l e s s it is w i t h i n t h e n u m b e r
of trailers allowed t o h i m u n d e r a c a r r i e r s licence by t h e L i c e n s i n g A u t h o r i t y ; t h e L i c e n s i n g
A u t h o r i t y in t h e e x e r c i s e of h i s d i s c r e t i o n w h e t h e r to g r a n t a c a r r i e r s licence shall h a v e r e g a r d
to t h e n u m b e r a n d c a p a c i t y of t h e t r a i l e r s p r o p o s e d t o be used b y t h e a p p l i c a n t ; a p l a t e of
special c h a r a c t e r s h a l l bo a t t a c h e d t o e a c h t r a i l e r w h e n used for t h e c a r r i a g e of goods.
. T X . W i t h e a c h c a r r i e r s licence s h a l l b e issued a p l a t e ( d i s t i n c t i v e l y coloured for a p u b l i c ,
limited or p r i v a t e c a r r i e r s licence) f o r ' e a c h vehicle, specified, s t a m p e d w i t h t h e serial n u m b e r of
the vehicle a s ' s p e c i f i e d o n t h e l i c e n c e , a n d t h e p l a t e s h a l l ' b e affixed to t h e vehicle. W h e i \ t h e
c a r r i e r s licence- is s u s p e n d e d or r e v o k e d or n o t r e n e w e d t h e p l a t e or p l a t e s shall be r e t u r n e d to
the Licensing Authority.
( S e e also p a r a g r a p h s V I I and V I I I . )
X . N o t h i n g in t h i s s c h e m e shall p r e v e n t a n y p e r s o n from holding licences of more t h a n
one class or l i c e n c e s of t h e s a m e class in r e s p e c t of vehicles o p e r a t e d from different bases or
c e n t r e s ; p r o v i d e d t h a t t h e s a m e vehicle shall n o t h e specified o n m o r e t h a n o n e licence.
- X I . A n a p p l i c a n t for a c a r r i e r s licence shall s t a t e w h e t h e r h e h a s a p p l i e d for a licence
of a n y c l a s s in r e s p e c t of v e h i c l e s o p e r a t e d from a n y o t h e r b a s e or c e n t r e w h e t h e r w i t h i n t h a t
u r e a or o u t s i d e , a m i if so r e q u e s t e d shall give t o t h e L i c e n s i n g A u t h o r i t y such f u r t h e r information
a s h e m a y r e a s o n a b l y require for t h e d i s c h a r g e of his d u t i e s , i n c l u d i n g p a r t i c u l a r s of t h e traffic
carried by h i m in t h e p a s t [ a n d t h e r a t e s c h a r g e d ] .
X I I . If t h e L i c e n s i n g A u t h o r i t y so r e q u i r e s a n a p p l i c a n t shall disclose to h i m any a g r e e m e n t s
or u r r u n g e m e n t s m a d e with a n o t h e r person or a n y financial control exercisable by h i m o v e r
a n o t h e r or by a n o t h e r over h i m ( S . 7(5 of t h e R o a d Traffic A c t , 1930).
Way
Bill.
X I I I . — ( 1 ) C u r r e n t records shall b e k e p t in respect of each vehicle-journey in which shall
be e n t e r e d t h e n u m b e r of t h e c a r r i e r ' s licence u n d e r w h i c h t h e vehicle is o p e r a t e d and t h e
v e h i c l e ' s r e g i s t r a t i o n n u m b e r , a n d w h i c h shall i n d i c a t e —
(a) T h e t i m e s a t which t h e d r i v e r s a n d a n y s t a t u t o r y a t t e n d a n t s c o m m e n c e d a n d ceased
work a n d p a r t i c u l a r s of t h e i r rest i n t e r v a l s .
(6) A n o u t l i n e of t h e i t i n e r a r y ,
(c) T h e w e i g h t s of t h e goods c a r r i e d .
(cl) A n i n d i c a t i o n w h e t h e r t h e goods are carried for o t h e r s for hire or r e w a r d , or o t h e r w i s e .
(2) T h e M i n i s t e r shall h a v e t h e p o w e r after h a v i n g referred t h e m a t t e r t o t h e T r a n s p o r t
Advisory Council to p r e s c r i b e t h e form of t h e t i m e - s h e e t or way-bill o r of a c o m b i n e d record
a n d t h e L i c e n s i n g A u t h o r i t y shall h a v e p o w e r to d i s p e n s e w i t h all or a n y of t h e prescribed
d e t a i l s , if in h i s o p i n i o n , o w i n g t o t h e n a t u r e of t h e b u s i n e s s , it is i m p r a c t i c a b l e t h a t t h e y should
be furnished.
P r o v i d e d t h a t t h e h o l d e r of t h e licence m a y c a u s e t o b e e n t e r e d in t h e record
s u c h f u r t h e r i n f o r m a t i o n as h e m a y w i s h .
(3) A L i c e n s i n g A u t h o r i t y , or a n y p e r s o n a u t h o r i s e d on h i s behalf or o n behalf of a chief
officer o f . p o l i c e s h a l l h a v e p o w e r a t a n y t i m e d u r i n g t h e c u r r e n c y of t h e licence a n d for t h r e e
m o n t h s t h e r e a f t e r to call for a n d e x a m i n e t h e r e c o r d s .
X I V . A n a p p l i c a n t for a c a r r i e r ' s licence shall notify t h e L i c e n s i n g A u t h o r i t y if any
v e h i c l e , o w n e d b y h i m a n d p r o p o s e d t o be specified on t h e l i c e n c e , h a s not been licensed under
t h e R o a d s A c t , 1920, for a c o n t i n u o u s period of one y e a r or m o r e .
XV.
[ A n a p p l i c a n t for a licence u n d e r t h e R o a d s A c t , 1920, in r e s p e c t of a goods vehicle
shall s t a t e w h e t h e r h e p o s s e s s a c a r r i e r ' s l i c e n c e , a n d shall give t h e n u m b e r of t h e l i c e n c e . ]
X V I . T h e M i n i s t e r shall h a v e p o w e r t o fix t h e fees c h a r g e a b l e for the issue of a carrier's
licence of a n y class (cf. S. 8 0 of t h e R o a d Traffic Act, 1930).
Appeals.
X V I I . — ( 1 ) A p p e a l s from a decision of t h e L i c e n s i n g A u t h o r i t y r e g a r d i n g t h e g r a n t of a
p u b l i c or l i m i t e d carrier*s l i c e n c e , or r e g a r d i n g a n y c o n d i t i o n s a t t a c h e d t o t h e l a t t e r ( I V and V
above), o r r e g a r d i n g t h e s u s p e n s i o n or r e v o c a t i o n of a c a r r i e r ' s licence of a n y c l a s s ( I I I (fa),
( c ) , (d) a n d (e) a b o v e ) s h a l l b e r e f e r r e d for d e t e r m i n a t i o n t o a T r i b u n a l c o m p o s e d of a C h a i r m a n
w i t h l e g a l e x p e r i e n c e , a n d f o u r o t h e r m e m b e r s (one e x p e r i e n c e d in r o a d t r a n s p o r t , o n e in rail
t r a n s p o r t , a n d t w o w i t h i n d u s t r i a l or c o m m e r c i a l e x p e r i e n c e ) .
(2) T h e T r i b u n a l shall b e a p p o i n t e d by t h e M i n i s t e r after c o n s u l t a t i o n a s r e g a r d s t h e
C h a i r m a n w i t h t h e L o r d C h a n c e l l o r , a n d a s r e g a r d s t h e t w o m e m b e r s w i t h industrial or
c o m m e r c i a l e x p e r i e n c e , with t h e P r e s i d e n t of t h e B o a r d of T r a d e . Memlvers of t h e H o u s e of
C o m m o n s shall be disqualified. A p p o i n t m e n t s shall b e for a period of n o t less t h a n t h r e e y e a r s .
T h e M i n i s t e r s h a l l h a v e p o w e r to a p p o i n t d e p u t i e s . P r o s p e c t i v e m e m b e r s of t h e T r i b u n a l shall
d e c l a r e r t h e i r financial i n t e r e s t i n t r a n s p o r t u n d e r t a k i n g s ( S . 0 8 (2) of t h e R o a d Traffic Act, 1930).
(3) T h e T r i b u n a l shall h a v e p o w e r to m a k e r i d e s of p r o c e d u r e (subject t o a p p r o p r i a t e
approval).
(4) F o r t h e p u r p o s e s of h e a r i n g a p p e a l s a g a i n s t decisions of - L i c e n s i n g A u t h o r i t i e s in
S c o t l a n d , t h e T r i b u n a l shall s i t in S c o t l a n d a n d shall b e specially c o n s t i t u t e d so a s t o include
t h e C h a i r m a n a n d a t l e a s t t w o m e m b e r s w i t h k n o w l e d g e of c o m m e r c i a l or i n d u s t r i a l conditions
in S c o t l a n d a p p o i n t e d after c o n s u l t a t i o n w i t h t h e S e c r e t a r y of S t a t e for S c o t l a n d ;
alternatively
t h e r e shall be e s t a b l i s h e d a c o m p l e t e l y s e p a r a t e t r i b u n a l , w i t h a C h a i r m a n a p p o i n t e d after
c o n s u l t a t i o n w i t h t h e P r e s i d e n t of t h e Court, of S e s s i o n , two m e m b e r s w i t h commercial
or i n d u s t r i a l e x p e r i e n c e a p p o i n t e d a f t e r c o n s u l t a t i o n w i t h t h e S e c r e t a r y of S t a t e for Scotland
a n d t h e t w o t r a n s p o r t m e m b e r s with e x p e r i e n c e of S c o t t i s h c o n d i t i o n s .
(5) T h e r e shall be p o w e r to r e m u n e r a t e t h e m e m b e r s a n d staff of t h e T r i b u n a l from the
R o a d F u n d s , a n d t h e T r i b u n a l m a y , s u b j e c t t o t h e a p p r o v a l of t h e M i n i s t e r , a p p o i n t staff (see
S.21 of. t h e R a i l w a y s A c t , 1921).
(0) T h e decisions of t h e T r i b u n a l shall be final.
(7) T h e status quo ante shall be m a i n t a i n e d until t h e a p p e a l i s d e t e r m i n e d .
X V I I I . N o t h i n g in t h i s s c h e m e is t o be t r e a t e d a s conferring a n y r i g h t t o t h e continuance
of t h e benefits arising from t h e issue of a licence (cf. R e g . 13 of P u b l i c Service V e h i c l e s (Licences
a n d Certificates) ( N o . 2) R e g u l a t i o n s , 1 9 3 1 , r e g a r d i n g a s s i g n m e n t of licences t e m p o r a r i l y on
b a n k r u p t c y or d e a t h ) .
X I X . — ( a ) T h e M i n i s t e r shall h a v e power t o e x c l u d e c e r t a i n vehicles from c e r t a i n ' c l a s s e s o f
roads, after h a v i n g referred t h e m a t t e r t o t h e T r a n s p o r t Advisory Council.
(/)) T h e powers of Section 4(5 of t h e R o a d Traffic A c t w h e r e b y t h e M i n i s t e r m a y on t h e
application of local a u t h o r i t i e s m a k e o r d e r s closing r o a d s to certain classes of traffic shall be
exercisablo by h i g h w a y a u t h o r i t i e s t h e m s e l v e s , s u b j e c t t o confirmation b y t h e M i n i s t e r ( c / . S. 90
of t h e R o a d Traffic Act).
. . .
XX. W i t h a view to p r e v e n t i n g , so far as is c o n s i s t e n t with t h e public i n t e r e s t , t h e further
diversion of goods traffic t o t h e r o a d s , t h e M i n i s t e r shall h a v e power after h a v i n g referred t h e
m a t t e r to t h e T r a n s p o r t A d v i s o r y Council t o m a k e r e g u l a t i o n s which shall be s u b j e c t t o a p p r o v a l
by affirmative resolution in both H o u s e s of P a r l i a m e n t , p r o h i b i t i n g t h e carriage b y road for m o r e
t h a n certain d i s t a n c e s (which m a y v a r y for different traffics) of traffics which a t t h e i n t r o d u c t i o n
o f ' t h i s Act were b o r n e by rail or c a n a l or c o a s t w i s e s h i p p i n g , a n d w h i c h , h a v i n g r e g a r d t o t h e
c h a r a c t e r of the c o m m o d i t i e s a n d t h e d i s t a n c e t o g e t h e r , a r e u n s u i t a b l e for carriage b y road o v e r
long d i s t a n c e s .
XXI.
Relief to t h e R a i l w a y C o m p a n i e s from t h e obligation lo publish t h e r a t e s of t h e i r road
t r a n s p o r t services for goods (.S. 8 (2) of e a c h R a i l w a y C o m p a n y ' s ( R o a d T r a n s p o r t ) Act, 1028).
Tramporl Advisory
Council.
X X I I , — ( 1 ) F o r ' t h e p u r p o s e of giving advice to t h e M i n i s t e r w i t h respect t o t h e exercise of
his powers and t h e p e r f o r m a n c e of h i s d u t i e s in relation t o r o a d s , bridges and vehicles a n d traffic
thereon, both g e n e r a l l y a n d u n d e r t h i s Act, a n d for c o n s i d e r i n g s c h e m e s for t h e c o - o r d i n a t i o n ,
i m p r o v e m e n t and d e v e l o p m e n t of all forms of t r a n s p o r t , h e shall a p p o i n t a T r a n s p o r t A d v i s o r y
Council.
(2) T h e Council shall consist of n o t m o r e t h a n 25 m e m b e r s , i n c l u d i n g t h e C h a i r m a n ,
of w h o m —
3 shall be r e p r e s e n t a t i v e of Local A u t h o r i t i e s in E n g l a n d and W a l e s .
1 ,,
,, .
,,
,, Local A u t h o r i t i e s in S c o t l a n d .
5 ,,
.,
,,
,, u s e r s of m e c h a n i c a l l y - p r o p e l l e d r o a d vehicles.
1 ,,
,,
,,
., u s e r s of h o r s e s a n d h o r s e - d r a w n vehicles.
1 ,,
,,
,,
,, o t h e r u s e r s of t h e r o a d s .
2 ,,
,,
,,
,, R a i l w a y s .
1 ,,
,,
,,
,, C a n a l s .
1 ,, . , ,
,,
,, C o a s t w i s e S h i p p i n g .
1 ,,
,,
,,
,, H a r b o u r and D o c k A u t h o r i t i e s . .
2 ..
,,
,.
,, L a b o u r .
4 ,,
,,
,, ;.,, T r a d i n g I n t e r e s t s ( i n c l u d i n g A g r i c u l t u r e ) .
T h e foregoing s h a l l be a p p o i n t e d for a period of n o t less t h a n t h r e e y e a r s or m o r e t h a n five y e a r s
after c o n s u l t a t i o n with s u c h r e p r e s e n t a t i v e bodies or a s s o c i a t i o n s of t h e i n t e r e s t s c o n c e r n e d a s t h e
Minister m a y t h i n k fit;
T h r e e m e m b e r s shall be s u c h p e r s o n s a s t h e M i n i s t e r m a y from t i m e t o t i m e s e e fit t o
appoint a s a d d i t i o n a l m e m b e r s .
(3) T h e C h a i r m a n a n d t h e S e c r e t a r y shall he a p p o i n t e d b y t h e M i n i s t e r .
(4) T h e Council m a y , if so a u t h o r i s e d b y t h e M i n i s t e r , d e l e g a t e a n y of t h e i r p o w e r s a n d
duties to s u b - c o m m i t t e e s c o n s i s t i n g of s u c h m e m b e r s of t h e Council' a s t h e Council m a y , w i t h
t h e a p p r o v a l of t h e M i n i s t e r , a p p o i n t , t o g e t h e r w i t h s u c h a d d i t i o n a l p e r s o n s b e i n g m e m b e r s of t h e
panel set u p u n d e r S. 2 3 of t h e M i n i s t r y of T r a n s p o r t Act, 1919, a s t h e M i n i s t e r m a y a p p o i n t ,
and references t o t h e Council s h a l l , as r e s p e c t s a n y p o w e r s or d u t i e s so d e l e g a t e d , be c o n s t r u e d as
including references to s u c h s u b - c o m m i t t e e . T h e C h a i r m a n of s u c h s u b - c o m m i t t e e shall be s u c h
m e m b e r thereof a s t h e Council, w i t h the. a p p r o v a l of t h e M i n i s t e r , m a y a p p o i n t .
(5) T h e Council shall h a v e p o w e r t o h e a r w i t n e s s e s , call for d o c u m e n t s , &c.
(0) T h e Council m a y m a k e r u l e s a s to t h e i r p r o c e d u r e , a n d s h a l l h a v e p o w e r to c o n s i d e r a n d
report to t h e M i n i s t e r u p o n a n y m a t t e r s w i t h i n trie s c o p e of t h e i r field, w h e t h e r h e h a s referred
such m a t t e r s t o t h e m or n o t .
(7) S. 22 of t h e M i n i s t r y of T r a n s p o r t Act. 1010, e s t a b l i s h i n g a R o a d s A d v i s o r y C o m m i t t e e ,
shall b e repealed.
X X I I I . P o w e r t o t h e M i n i s t e r t o issue general d i r e c t i o n s for t h e g u i d a n c e of L i c e n s i n g
Authorities, provided t h a t he s h a l l h a v e referred t h e m a t t e r to t h e T r a n s p o r t A d v i s o r y Council
(S. 03 (1) of t h e R o a d Traffic A c t ) , a n d t o m a k e r e g u l a t i o n s within t h e scope of t h e s c h e m e .
X X I V . A L i c e n s i n g A u t h o r i t y or a n y p e r s o n a u t h o r i s e d on his behalf or on behalf of a chief
officer of police m a y a t a n y time, s t o p a vehicle and e x a m i n e w h e t h e r it is being used in a c c o r d a n c e
with its licence.
X X V . — ( a ) A clause, will be n e c e s s a r y dealing w i t h p r o s e c u t i o n s , p e n a l t i e s for offences—
particularly a u t h o r i s i n g s u s p e n s i o n or r e v o c a t i o n of t h e c a r r i e r s licence.
(b) Tn t h e c a s e of c o n v i c t i o n for a n offence u n d e r t h i s A c t t h e m a g i s t r a t e s shall c o m m u n i c a t e
to t h e L i c e n s i n g A u t h o r i t v p a r t i c u l a r s of t h e conviction (cf. S. 8 (6) of t h e R o a d Traffic
Act, 1930).
. APPENDIX
A Uric) Summary
of the Views Expressed
Salter Report by various
II.
on the Recommendations
classes of Representative
contained in Part III of the
Associations.
1. Associations
representative
of Local Authorities.—On
t h e whole n e u t r a l ; s o m e urge
t h e exclusion of local a u t h o r i t i e s ' vehicles from t h e scope of t h e s c h e m e ; s o m e p r e s s for an
e x t e n d e d use of p o w e r s t o e x c l u d e specified t y p e s of vehicles from c e r t a i n r o a d s . (The E e p o r t
of t h e C o m m i t t e e on Local E x p e n d i t u r e ( p a r a g r a p h 126) e n d o r s e d t h e r e c o m m e n d a t i o n regarding
t h e way-bill.)
2. The Railway
Com panics' Association
s a y t h a t t h e conclusions c o n t a i n e d in t h e Report
were a c o m p r o m i s e t o s e c u r e u n a n i m i t y , a n d w h i l e t h e R a i l w a y C o m p a n i e s t h e m s e l v e s would in
m a n y d i r e c t i o n s h a v e gone b e y o n d t h e a g r e e d r e c o m m e n d a t i o n s , t h e y wish to m a k e no c o m m e n t ,
e x c e p t t o urge t h a t t h e M i n i s t e r will t a k e t h e earliest possible s t e p s to i m p l e m e n t tho
r e c o m m e n d a t i o n s as a w h o l e .
3 . . The Interests
representative
of the transport
of goods by road a r e on t h e whole opposed
t o a licensing s y s t e m . T h e y c o n t e n d t h a t t h e fitness of vehicles c a n a l r e a d y be d e a l t with u n d e r
t h e R o a d Traffic A c t , 1030, a n d t h e h o u r s of d r i v e r s are a l r e a d y sufficiently covered by Section 10
of t h a t Act. S o m e , h o w e v e r , i n c l u d i n g t h e C o n f e r e n c e of N a t i o n a l O r g a n i s a t i o n i n t e r e s t e d in
R o a d T r a n s p o r t , a r e p r e p a r e d for a n e x t e n s i o n of S e c t i o n 9 3 of t h e R o a d Traffic Act, which a t
present, a p p l i e s t h e F a i r W a g e s C l a u s e s t o public service vehicle e m p l o y e e s , to cover t h e drivers
of v e h i c l e s of t h o s e w h o h o l d t h e m s e l v e s out to carry t h e goods of o t h e r s for hire or r e w a r d :
t h e r e is fairly g e n e r a l c o n d e m n a t i o n of t h e p r o p o s a l to e x t e n d t h e F a i r W a g e s Clause t o cover
t h e d r i v e r s of e m p l o y e r s w h o s e u s e of m o t o r v e h i c l e s forms a n a n c i l l a r y p a r t of s o m e o t h e r
b u s i n e s s or i n d u s t r y .
To e s t a b l i s h a l i c e n s i n g s y s t e m t o s e c u r e t h e s e o b j e c t s , a n d t o r e g u l a t e t h e q u a n t u m of
t r a n s p o r t a v a i l a b l e w o u l d , it is a l l e g e d —
(1) B e c o m p l e x a n d b u r e a u c r a t i c .
(2) H a m p e r t r a d e a n d i n d u s t r y .
(3) B e difficult or i m p o s s i b l e to w o r k , for n o l i c e n s i n g a u t h o r i t y could a s c e r t a i n w h e t h e r
t h e r e is an excess of e x i s t i n g t r a n s p o r t facilities s u i t a b l e to m e e t t h e public require­
m e n t s , or w h e t h e r t h e r e is a n y c o n g e s t i o n or o v e r l o a d i n g of t h e r o a d s .
T h e N a t i o n a l R o a d T r a n s p o r t E m p l o y e r s ' F e d e r a t i o n , h o w e v e r , a p p r o v e of a modified
licensing s y s t e m , w h i c h w o u l d be little m o r e t h a n r e g i s t r a t i o n . T h e R o a d H a u l a g e Association,
while o p p o s e d t o t h e r e s t r i c t i v e f e a t u r e s of t h e p r o p o s a l s in t h e R e p o r t of t h e S a l t e r Conference,
a p p e a r t o favour a modified l i c e n s i n g s y s t e m .
-1. Trade U7iions p r e f a c e t h e i r r e m a r k s b y s u g g e s t i n g t h e r e will be n o r e a l solution until
all f o r m s of t r a n s p o r t a r e n a t i o n a l l y c o n t r o l l e d . T h e R a i l w a y U n i o n s a n d t h e T r a n s p o r t and
G e n e r a l W o r k e r s ' U n i o n s u p p o r t a s y s t e m of l i c e n s i n g p a r t i c u l a r l y t o s e c u r e w a g e s a n d conditions
of service.
5. Commercial
Interests
a r e a l m o s t u n a n i m o u s l y opposed t o a licensing s y s t e m on t h e
g r o u n d s t h a t it would a d d t o t r a n s p o r t c o s t s .
o