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The Drivers' Hours (Goods Vehicles) (Modifications) Order 1970

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Exemptions for drivers of light goods vehicles

3.—(1) In this Article “light goods vehicle” means a vehicle to which Part VI of the Act applies and which either—

(a)is a goods vehicle which has a relevant plated weight not exceeding three and a half tons or (not having a plated weight) has an unladen weight not exceeding thirty hundredweight; or

(b)is a dual purpose vehicle as defined in Regulation 3(1) of the Motor Vehicles (Construction and Use) Regulations 1969(1).

For the purposes of sub-paragraph (a) of this paragraph the relevant plated weight of a vehicle is the gross weight not to be exceeded in Great Britain of the vehicle as shown on a Ministry plate as defined in Regulation 118 of the Motor Vehicles (Construction and Use) Regulations 1969, or, if no such plate has been issued in respect of that vehicle, the maximum gross weight of the vehicle as shown on a plate affixed to the vehicle by virtue of Regulation 30 of the said Regulations.

(2) Where during any working week a driver does not drive any vehicle to which Part VI of the Act applies except one or more light goods vehicles and in so far as he drives a light goods vehicle during that week otherwise than for social, domestic or pleasure purposes does so—

(a)solely in connection with the carrying on by him or by his employer of the profession of medical practitioner, nurse, midwife, dentist or veterinary surgeon, or

(b)wholly or mainly in connection with the carrying out of any service of inspection, cleaning, maintenance, repair, installation or fitting, or

(c)solely while he is acting as a commercial traveller and is carrying in the vehicle (apart from the effects of any person carried in it) no goods other than goods carried for the purpose of soliciting orders, or

(d)solely while acting in the course of his employment by the Automobile Association, the Royal Automobile Club or the Royal Scottish Automobile Club;

then, as respects that driver and that working week or any working day falling wholly within that working week, as the case may be, section 96 shall have effect subject to the following modifications, exception and amendment, that is to say—

(i)subsections (2), (4), (5) and (6) shall not apply,

(ii)there shall be an additional exception to subsection (3)(a) in the case of any such working day of that driver, and

(iii)in the application of subsection (1) the expression “working day” therein shall mean a period of 24 hours beginning at midnight.

(1)

(1969 I, p. 829).

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