Goods Vehicles (Licensing of Operators) Act 1995

Operators’ licences E+W+S

2 Obligation to hold operator’s licence. E+W+S

(1) Subject to subsection (2) and section 4, no person shall use a goods vehicle on a road for the carriage of goods—

(a) for hire or reward, or

(b) for or in connection with any trade or business carried on by him,

except under a licence issued under this Act; and in this Act such a licence is referred to as an “operator’s licence”.

(2) Subsection (1) does not apply to—

(a) the use of a small goods vehicle within the meaning given in Schedule 1;

(b) the use of a goods vehicle for international carriage by a haulier established in a member State other than the United Kingdom and not established in the United Kingdom;

(c) the use of a goods vehicle for international carriage by a haulier established in Northern Ireland and not established in Great Britain; or

(d) the use of a vehicle of any class specified in regulations.

(3) In subsection (2)(b) and (c) “established”, “haulier” and “international carriage” have the same meaning as in M1 Community Council Regulation (EEC) No.881/92 dated 26 March 1992 concerning access to the market in the carriage of goods by road within the Community to or from the territory of a member State or passing across the territory of one or more member States.

(4) It is hereby declared that, for the purposes of this Act, the performance by a local or public authority of their functions constitutes the carrying on of a business.

(5) A person who uses a vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding [F1 level 5]on the standard scale.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 2(5) substituted (1.2.2001) by 2000 c. 38, s. 261(1) (with s. 261(2)); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I

Modifications etc. (not altering text)

C1 S. 2(1) applied with modifications (26.9.1996) by S.I. 1996/2186, reg. 9(4)(5), 12(5)(6), 15(4), 21(3), 22(2), 26(5), 28(4), 29(3), 30(4), Sch. 4, Sch. 5

C2 S. 2(1) excluded (26.9.1996) by S.I. 1996/2186, regs. 4, 5, 6, 7, 8, 9(2)(3), 10, 11, 12(2)-(4), 13, 14, 15(3), 16, 17, 20, 22(1), 23, 24, 25, 26(2)-(4), 27, 28(2)(3), 29(2), 30(3)

S. 2(1) excluded (on or after the “relevant date” as defined in reg. 15(1) of the amending S.I.) by S.I. 1996/2186, regs. 15(1)(2), 18(2), 19(2), 21(2), 30(2)

Marginal Citations

M1 O.J. No. L95.

[F2 2A Detention of vehicle used without operator’s licence. E+W+S

Schedule 1A (which relates to the detention, removal and disposal of goods vehicles in respect of which it appears that section 2 is contravened) shall have effect.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 S. 2A inserted (1.2.2001) by 2000 c. 38, s. 262(1); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I

3 “Standard” and “restricted” licences. E+W+S

(1) An operator’s licence may be either a standard licence or a restricted licence.

(2) A standard licence is an operator’s licence under which a goods vehicle may be used on a road for the carriage of goods—

(a) for hire or reward, or

(b) for or in connection with any trade or business carried on by the holder of the licence.

(3) A restricted licence is an operator’s licence under which a goods vehicle may be used on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward.

(4) Notwithstanding subsections (2) and (3), a company may use a goods vehicle on a road for the carriage of goods for hire or reward under a restricted licence instead of a standard licence if (but only if) the goods concerned are the property of a company which is—

(a) a subsidiary of the first company,

(b) a holding company for the first company, or

(c) a subsidiary of a company which is a holding company both for that subsidiary and for the first company.

(5) A standard licence may authorise a goods vehicle to be used for the carriage of goods—

(a) on both national and international transport operations; or

(b) on national transport operations only.

(6) Except as provided in subsection (4) and subject to section 4, a person who uses a goods vehicle under a restricted licence for carrying goods for hire or reward is guilty of an offence and liable on summary conviction to a fine not exceeding £500.

(7) A person who uses a goods vehicle for carrying goods for hire or reward on international transport operations under a standard licence which covers the carriage of goods on national transport operations only is guilty of an offence and liable on summary conviction to a fine not exceeding £500.

4 Temporary exemptions. E+W+S

(1) A traffic commissioner may, for the purpose of—

(a) enabling an emergency to be dealt with, or

(b) enabling some other special need to be met,

by notice in writing grant to any person falling within subsection (2) a temporary exemption from any requirement to hold a standard licence which would otherwise be imposed on him by sections 2 and 3 in respect of any vehicle specified in the notice or any vehicle of a class so specified.

(2) A person falls within this subsection if he is engaged exclusively in national transport operations which have only a minor impact on the transport market because of the nature of the goods carried or the short distances over which goods are carried.

(3) A temporary exemption granted under subsection (1) permits the person to whom it is granted to use the specified vehicle or (as the case may be) any vehicle of the specified class for the carriage of goods for hire or reward for the purposes of transport operations of his such as are referred to in subsection (2) (and, accordingly, sections 2(1) and 3(6) shall not to that extent apply to that person’s use of goods vehicles).

(4) A temporary exemption has effect until consultations with the European Commission for the purposes of Article 2(2) of the 1974 Council Directive are completed.