1—(1) Subject to subsection (2) and [F1sections 2A and 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;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
[F3(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.]
(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.
[F4(4) In subsection [F5(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.]
(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
F1Words in s. 1(1) substituted (19.7.2018) by Haulage Permits and Trailer Registration Act 2018 (c. 19), ss. 12(2), 27(1)
F2S. 1(2)(b) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3S. 1(2A) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4S. 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)
F5Words in s. 1(4) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
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)