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8 1933

ROAD TRANSPORT ACT, 1933

PART III.

Charges for Carriage of Merchandise.

Classification of merchandise.

38. —(1) Whenever—

(a) a merchandise licence is granted to an authorised (merchandise carrying) company or a shipping company or to an existing carrier whose merchandise road transport business is owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company, or

(b) a merchandise licence is transferred to an authorised (merchandise carrying) company or a shipping company, from any person other than an authorised (merchandise carrying) company, a shipping company, or an existing carrier whose merchandise road transport business is owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company, or

(c) a merchandise road transport business carried on under a merchandise licence becomes owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company,

the licensee under such licence shall, within three months or such longer period as the Minister may allow after such grant or transfer or after such business becomes owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company (as the case may be) submit to the railway tribunal a proposal for the classification of the merchandise specified in such licence for the purposes of the application to such merchandise of rates of charges under this Part of this Act.

(2) Whenever a proposal for the classification of merchandise is made to the railway tribunal by the licensee under a merchandise licence in pursuance of this section the railway tribunal shall consider and, after hearing all parties interested who are desirous of being heard, determine the classification of merchandise applicable to such licensee.

(3) In exercising the powers conferred on them by this section the railway tribunal shall have power to divide any classification determined by them into such number of classes containing such descriptions of merchandise as they think fit, and in determining the class in which any particular merchandise shall be placed they shall, in addition to all other relevant circumstances, have regard to the value, the bulk in comparison to weight, the risk of damage to and the cost of handling such merchandise, and the saving of cost of handling such merchandise which may result when such merchandise is forwarded in large quantities, but so nevertheless, that any classification as a whole shall be on broad simple lines suitable to the circumstances and calculated to promote the best interests of the merchandise road transport industry.

Schedules of charges.

39. —(1) Where the railway tribunal has determined a classification of merchandise applicable to the licensee under a merchandise licence, such licensee shall, within three months or such longer period as the Minister may allow after such determination, submit to the railway tribunal a schedule of charges proposed to be made by such licensee according to the classification of merchandise so determined.

(2) The railway tribunal shall consider every schedule of proposed charges submitted to them under this section by the licensee under a merchandise licence and any objections thereto which may be lodged within the appointed time and in the appointed manner, and after hearing all parties interested and who are desirous of being heard shall settle the said schedule and fix the date on which the same is to come into force and as from the said date the said schedule of charges as so settled shall subject to amendment by the railway tribunal under this Part of this Act be the schedule of charges in force for the licensee under such licence.

Variation of classification of merchandise.

40. —(1) The railway tribunal shall on the application of the licensee under a merchandise licence concerned or any representative body of traders or of any body of persons representative of a trade or a locality have power to amend (whether by variation addition or omission), after hearing all parties interested and desirous of being heard, any classification of merchandise determined by them under this Part of this Act.

(2) Whenever the railway tribunal amend any classification of merchandise applicable to the licensee under a merchandise licence they shall also (if necessary) amend the schedule of charges for such licensee and fix the date on which such schedule as so amended is to come into force, and as from the said date the said schedule of charges as so amended shall, subject to amendment by the railway tribunal under this Part of this Act, be the schedule of charges in force for the licensee under such licence.

Variation of schedule of charges.

41. —The licensee under a merchandise licence in relation to whom a schedule of charges is in force or any representative body of traders or any person who may obtain a certificate (which the Minister is hereby authorised to grant) from the Minister that he is a proper person for the purpose, shall be entitled at any time to apply to the railway tribunal to amend such charges or any of them or any conditions relative thereto, and, if such licensee or body of traders or person, as the case may be, proves to the satisfaction of the railway tribunal that such charges or any of them or any conditions relative thereto ought to be amended, the railway tribunal shall make such amendments as they think fit, and shall fix the date on which the amended charges or conditions shall come into force, and as from the said date the said schedule as so amended shall, subject to further amendment by the railway tribunal, be the schedule of charges in force for the licensee under such licence.

Provisions in relation to settlement and amendment of schedules of charges.

42. —In settling or amending under this Part of this Act a schedule of charges in respect of a licensee under a merchandise licence, the railway tribunal shall, as far as may be practicable, so settle or amend such schedule that the charges appearing therein or fixed thereby shall be such as will, having regard to the estimated volume of traffic, yield a revenue sufficient to pay the cost of carrying on the business authorised by such licence efficiently and economically and to give a reasonable return on the capital expenditure attributable to such business.

Duty of licensees to furnish information to the railway tribunal.

43. —(1) Every licensee under a merchandise licence shall furnish to the railway tribunal within twenty-eight days after being required by the railway tribunal so to do, such information as the railway tribunal may require and may specify in such requisition for the purpose of settling or amending a classification of merchandise applicable to such licensee under a merchandise licence or settling or amending a schedule of charges for such licensee.

(2) If any licensee under a merchandise licence fails to comply with this section, such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, and in the case of a continuing offence to a further fine not exceeding ten pounds for every day during which the offence is committed.

Publication of classification of merchandise and schedule of charges.

44. —Whenever the railway tribunal determine or amend a classification of merchandise applicable to the licensee under a merchandise licence or settle or amend a schedule of charges for the licensee under a merchandise licence, the following provisions shall have effect, that is to say:—

(a) such licensee shall within the appointed time cause such classification and schedule to be published in the appointed manner, and

(b) such licensee shall, upon payment of the appointed fee, deliver to any person who applies therefor at the appointed place a copy of such classification or schedule.

Maximum charges.

45. —(1) Whenever a schedule of charges is in force for the licensee under a merchandise licence, the charges appearing in or fixed by such schedule shall be the maximum charges which such licensee shall be entitled to make for all services rendered in respect of which charges are fixed.

(2) If the licensee under a merchandise licence for whom a schedule of charges is in force, charges for any service rendered in respect of which charges appear in or are fixed by such schedule a charge in excess of the charges appearing in or fixed by such schedule, such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.