CPA Bulletin

36 CPA Bulletin > February 2022 www.cpa.uk.net Q&As: 1 q&a s In relation to site induction and similar type instruction, these are addressed in clauses 8 and 18(b) of the 2021 Model Conditions. We have a customer who is querying part of an invoice we sent them concerning charges for our operator’s site induction. The hire was subject to the 2021 Model Conditions, and I wonder if you can point out which clauses, I can refer the customer to? If the hire was indeterminate, i.e., there was a specific start date, but no end date, then once the hire has ended, then the customer is responsible for the plant for the next 7 days. This comes under clause 24(a) of the 2011 Model Conditions. After those 7 days have elapsed, then responsibility for the plant reverts back to the owner. As more than 7 days elapsed from receiving the off-hire notification to the collection, then the determining factor - whether this is possible - is to ascertain precisely when the plant was stolen. Whether it was within those 7 days, or afterwards. The other factor to consider is whether you attempted to collect the plant within those 7 days but were unable to collect it. If this did occur, then clause 23(b) would take effect. Note: Under the 2021 Model Conditions, the off-hire period in which the customer is liable for the plant during an indeterminate hire is now 7 working days. We have a customer who had off-hired the plant on the 28th September, which we went to collect on the 7th October, only to discover that it had been stolen. The customer has agreed that the hire was subject to the 2011 Model Conditions, but they are not accepting liability for it on the basis that we did not collect it within 7 days. Consequently, they feel that they are not liable for any loss suffered. Can you verify that there is no set time to collect equipment under the CPAModel Conditions and that the equipment remains the customer’s responsibility until we either collect the equipment or the customer can return to us? We have a contract requiring a rubber duck to travel along the public highway for up to 1km. Can you tell me if the driver needs a driving licence, as well as a plant operators’ certificate? When any motorised vehicle is travelling along the public highway, no matter what class of vehicle it is or how short the distance it travels, then the driver will need to have the appropriate driving licence for it. In addition, the vehicle needs to be taxed (Vehicle Excise Duty) and insured too. I understand that this year, we will receive an additional day’s holiday due to the Queen’s Platinum Jubilee celebrations. Can you tell me when this will occur? The Queen’s Jubilee will be celebrated on Friday 3rd June 2022. To coincide with this, the Late May Bank Holiday has been moved from the final Monday of May to Thursday 2nd June 2022. We have had one of our dumpers stolen whilst on hire to a customer. Can you confirm that within the CPA’s Model Conditions, the loss of the dumper can be treated as ‘new for old’ or ‘like for like’ when we invoice our customer? Within clause 13(b) of the CPA’s Model Conditions, the customer has to make good any loss suffered by the Owner during the hire period. If that loss is for a stolen item of plant, then that loss will be calculated on the plant’s market value, i.e., ‘like for like’. The exception to the rule, i.e., asking for ‘new for old’, would apply where a brand new or very newmachine had been supplied.