Part V

O perators’ licences

Users of certain goods vehicles to hold operators’ licences.
60
1
Subject to subsection (2) of this section and to the other provisions of this Part of this Act, no person shall, after the appointed day for the purposes of this section, 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 granted under this Part of this Act (hereafter in this Part of this Act referred to as an “operator’s licence”).
2
Subsection (1) of this section shall not apply—
a
to the use of a small goods vehicle as defined in subsection (4) of this section; or
b
to the use of a vehicle of any class specified in regulations ; or
c
to 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; or
d
to the use of a goods vehicle for international carriage by a haulier established in Northern Ireland and not established in Great Britain.
3
It is hereby declared that, for the purposes of this Part of this Act, the performance by a local or public authority of their functions constitutes the carrying on of a business.
4
For the purposes of subsection (2)(a) of this section a small goods vehicle is a goods vehicle which—
a
does not form part of a vehicle combination and has a relevant plated weight not exceeding 3.5 tonnes or (not having a relevant plated weight) has an unladen weight not exceeding 1525 kilograms; or
b
forms part of a vehicle combination (not being an articulated combination) which is such that—
i
if all the vehicles comprised in the combination (or all of them except any small trailer) have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination (exclusive of any such trailer) does not exceed 3.5 tonnes;
ii
in any other case, the aggregate of the unladen weights of those vehicles (exclusive of any such trailer) does not exceed 1525 kilograms; or
c
forms part of an articulated combination which is such that—
i
if the trailer comprised in the combination has a relevant plated weight, the aggregate of the unladen weight of the motor vehicle comprised in the combination and the relevant plated weight of that trailer does not exceed 3.5 tonnes;
ii
in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination does not exceed 1525 kilograms.
In any provision of this subsection “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations; and in paragraph (b) of this subsection “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.
4A
In subsection (2)(c) and (d) of this section “established," “haulier" and “international carriage" have the same meaning as in Council Regulation
(
EEC
)
No.
881/92
of 26th March 1992 on 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;
5
A person who uses a vehicle in contravention of this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Pt. V (ss. 59-94) repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2
S. 60(1) excluded by S.I. 1980/637, regs. 4-33, Schs. 2-4
S. 60(1) excluded by S.I. 1984/176, reg. 34A, (as inserted by S.I. 1990/1849, reg. 6)
S. 60(2)(c)(d) and word "or" preceding them added (1.1.1993) by S.I. 1992/3077, reg. 14(2).
Words substituted by S.I. 1981/1373, Sch. Pt. IIIA (as amended by S.I. 1984/177, reg. 2)
Words substituted by S.I. 1981/1373, Sch. Pt. IIIA
S. 60(4A) inserted (1.1.1993) by S.I. 1992/3077, reg. 14(3).
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)