4. –
(1) For the purposes of these Regulations, the operator of a vehicle shall be–
(a)the person who holds an operator’s licence (granted under Part V of the Transport Act 1968(1) for the use of that vehicle for the carriage of goods on a road; except that where by virtue of regulation 32(1) to (3) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984(2). the vehicle is included in a licence held by a holding company and that company is not operating the vehicle at the relevant time, the “operator” shall be the subsidiary company specified in the application made under the said regulation 32(1) or, if more than one subsidiary company is so specified, whichever one is operating the vehicle at the relevant time, and in this sub-paragraph “holding company” and “subsidiary company” have the same meanings as in the said Regulations of 1984; or
(b)where no such licence is held–
(i)(in the case of a vehicle which is not registered in the United Kingdom) the driver of the vehicle, or
(ii)(in the case of any other vehicle, but subject to paragraph (2)) the keeper of the vehicle; and, for this purpose, where the vehicle is on hire or lease to any person, that person shall be treated as its keeper.
(2) Where an employee who would otherwise be the operator of a vehicle in accordance with sub-paragraph (b)(ii) of paragraph (1) uses that vehicle for the carriage of any dangerous substance on behalf of his employer, that employer shall (notwithstanding that sub-paragraph) be regarded as the operator of the vehicle for the purposes of these Regulations.
1968 c. 73; section 60(1) was modified by S.I. 1980/637.
S.I. 1984/176; relevant amending instrument is S.I. 1987/841.