Operators' licences
I1I21Operators' licences
1
Subject to subsection (2) and F2sections 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;
F3b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F42A
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—
F6i
in the case of a vehicle used for hire or reward, it has a relevant plated weight not exceeding—
A
2.5 tonnes, or
B
3.5 tonnes if it is used only for national transport operations,
F7ia
in the case of a vehicle used for or in connection with any trade or business carried on by the person using the vehicle, 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;
F14
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.