1—(1) Subject to subsection (2) and section 3, a person shall not 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 that person,
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;
(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 Great Britain and not established in Northern Ireland; or
(d)the use of a vehicle of any class specified in regulations.
(3) For the purposes of subsection (2)(a) a goods vehicle is a small goods vehicle if—
(a)it does not form part of a vehicle combination and—
(i)it has a relevant plated weight not exceeding 3.5 tonnes, or
(ii)in the case of a vehicle which does not have a relevant plated weight, it has an unladen weight not exceeding 1525 kilograms; or
(b)it forms part of a vehicle combination and complies with such conditions as may be prescribed;
and “relevant plated weight” in paragraph (a) means a plated weight of the description specified in relation to that paragraph by regulations.
[F1(4) In subsection (2)(b) and (c), “established”, “haulier” and “international carriage” have the same meaning as in Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market.]
(5) For the purposes of this Act, the performance by a statutory body of its functions constitutes the carrying on of a business.
(6) 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 level 5 on the standard scale.
(7) In this section “statutory body” means a body established by a statutory provision.
Textual Amendments
F1S. 1(4) substituted (1.7.2012) by The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/257), regs. 1(1), 17(2)
Commencement Information
I1S. 1 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
I2S. 1 in operation at 1.7.2012 in so far as not already in operation by S.R. 2012/262, art. 2 (with arts. 4-6)