2 Obligation to hold operator’s licence.E+W+S
(1)Subject to subsection (2) and section 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”.
(2)Subsection (1) does not apply to—
(a)the use of a small goods vehicle within the meaning given in Schedule 1;
(b)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;
(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.
(3)In subsection (2)(b) and (c) “established”, “haulier” and “international carriage” have the same meaning as in M1Community Council Regulation (EEC) No.881/92 dated 26 March 1992 concerning 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.
(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 [F1level 5]on the standard scale.
Textual Amendments
F1Words 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)
C1S. 2(1) amendment to earlier affecting provision SI 1996/2186 (as amended (19.3.2004) by The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2004 (S.I. 2004/462), regs. 1, 2)
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)
Marginal Citations
M1O.J. No. L95.