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Operators’ licencesE+W+S

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

(1)Subject to subsection (2) and [F1sections 3A and 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”.

[F2(1A)Subsection (1) applies in spite of Article 1.4(c) of the 2009 Regulation (exemption for slow vehicles unless otherwise provided in national law).

(1B)Subsection (1)(a) does not apply to the use of a small goods vehicle falling within paragraph 1A of Schedule 1.

(1C)Subsection (1)(b) does not apply to the use of a small goods vehicle falling within any of paragraphs 2, 3 or 4 of Schedule 1.]

(2)Subsection (1) does not apply to—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F5(2A)A class of vehicles that may be specified in regulations under subsection (2)(d) includes goods vehicles used for international carriage by a haulier established in a member State.]

[F6(3)In subsection [F7(2)(c) and (2A)], “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.]

(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 [F8level 5] on the standard scale.

Textual Amendments

F8Words 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)

C2S. 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

C3S. 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) (as amended (19.3.2004) by Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2004 (S.I. 2004/462))

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)