Transport, Warehousing and Distribution
Constitution
NAME
The Group shall be known as the Transport, Warehousing & Distribution Group.
ORGANISATION
The Group shall be organised on a national basis.
ELIGIBILITY
Eligibility for membership of the Group shall be RHA membership and an active involvement in transport, warehousing and distribution, or operation as a clearing house that has been in business for at least two years.
CONDITIONS OF MEMBERSHIP
The conditions of membership shall be:-
- Active support of the Group's objectives
- Acceptance of the Group's Code of Conduct (paragraph 7 below)
- Annual subscription to the Group's Membership Fund
TERMINATION OF MEMBERSHIP
A member shall cease to be a member of the Group upon resigning from the Group or Association or failing to comply with the Conditions of Eligibility or being in breach of the Conditions of Membership or the Code of Conduct.
OBJECTIVES
With the proviso that no action may be taken which materially affects the interests of other members of the Association without the prior consent of the RHA Board of Directors, the objectives and powers of the Group are:
- To promote and uphold the objectives defined in the Memorandum of Association of the Road Haulage Association Limited
- To ensure the continuity and effectiveness of the Group as representative of those engaging in the business of transport, warehousing and/or distribution and the business of operating a clearing house as defined in paragraph 3
- To improve the efficiency and general standards of operation in the industry
- To make representations to, and to confer with Government Departments, other Associations and other bodies concerned with transport, warehousing and distribution and the operation of clearing houses
- To provide facilities for the promotion and protection of the interests of members of the Group
CODE OF CONDUCT
- Members may not engage in activities contrary to the Group's Objectives
- Breaches of the Law, Members who are convicted of persistent and flagrant breaches of statutory regulations may be deemed as being in breach of the Code of Conduct
- Sub-Contracting Conditions
- Traffic shall be sub-contracted on the terms of the current RHA Conditions of Carriage, and of which every main contractor and every sub-contractor shall be deemed to have to had notice unless other conditions have previously been agreed in writing (where an international journey is involved - eg in towing trailers to or from ports - the provisions of the CMR Convention will apply as they over-ride other conditions)
- Members shall take reasonable care to contract only with hauliers who are adequately licensed goods-in-transit insurance at a value which is no less than that required by the RHA Conditions of Carriage 1998
- Sub-contractors are expected to carry out work in a proper manner and to respect the relationship between the customer and the main contractor
- Ancillary Charges, Where ancillary services (eg banking, sorting, provision of extra labour, tackle, etc) are provided for the sub-contractor, whether by the main contractor or any intermediate contractor, they should be itemised and the charges should be reasonable
- Rates, Rates, if not agreed at the time of contract, must be notified to the sub-contractor in writing within seven days
- Settlement of Accounts, Settlement of accounts shall be made by the end of the month following receipt of invoice/statement and supporting documents
- Disputes Procedure
- A complaint against a member of the Group by another member of the Group alleging a breach of the Code of Conduct, shall be reported in writing to the Group's Secretary
- The Secretary shall write to the member concerned stating the alleged offence and asking for his explanation and comments
- If the dispute cannot be settled amicably, a full report shall be submitted to the next Committee meeting of the Group which may require the parties to appear before it
- The Group Committee shall have the power to expel a member from the Group. The expulsion is to be notified to the Group's membership and reported to the Board of Directors of the Association to which the expelled member has the right of appeal
CONSTITUTION OF THE COMMITTEE
The Committee shall consist of not more than fifteen persons and a quorum shall be five persons. The election of the Committee, the Chairman, Vice Chairman and one Council Member and his Deputy shallbe in accordance with the Rules of the RHA.
GROUP MEMBERSHIP FUND
A Group Membership Fund shall be established to which all members of the Group will subscribe annually, an amount determined by the Committee. This fund shall be the responsibility of the Committee and will be administered by the Chairman of the Group and/or any other members of the Group Committee decided by that Committee. A report on the state of the fund, properly audited, shall be submitted each year to the Group.
MEETINGS OF THE COMMITTEE
The Committee shall meet at least three times a year.
COMMITTEE TERMS OF REFERENCE
The Terms of Reference of the Transport, Warehousing & Distribution Group Committee shall be as in Appendix 7 to the Association's Rules.
CIRCULATION OF MINUTES
Minutes of Committee meetings shall be circulated to all Group members, Board of Directors, Regional Directors and such other persons that the Committee may decide.
VALIDITY OF DOCUMENTS
This document supersedes any previous such documents which are hereby cancelled. Any member, however, who has already signified in writing his acceptance of the Code of Conduct in accordance with that document will be deemed to have accepted Paragraph 7 of this document unless the Secretary is informed in writing to the contrary.