The Goods Vehicles (Licensing of Operators) Regulations 1995

PART I E+W+S

1.  Any tractor as defined in paragraph 4(3) of Part IV of Schedule 1 to the Vehicle Excise and Registration Act 1994 (as originally enacted) while being used for one or more of the purposes specified in Part II of this Schedule. E+W+S

Commencement Information

I1 Sch. 3 Pt. I para. 1 in force at 1.1.1996, see reg. 1

2.  A dual-purpose vehicle and any trailer drawn by it. E+W+S

Commencement Information

I2 Sch. 3 Pt. I para. 2 in force at 1.1.1996, see reg. 1

3.  A vehicle used on a road only in passing from private premises to other private premises in the immediate neighbourhood belonging (except in the case of a vehicle so used only in connection with excavation or demolition) to the same person, provided that the distance travelled on a road by any such vehicle does not exceed in the aggregate 9.654 kilometres, (6 miles), in any one week. E+W+S

Commencement Information

I3 Sch. 3 Pt. I para. 3 in force at 1.1.1996, see reg. 1

4.  A motor vehicle constructed or adapted primarily for the carriage of passengers and their effects, and any trailer drawn by it, while being so used. E+W+S

Commencement Information

I4 Sch. 3 Pt. I para. 4 in force at 1.1.1996, see reg. 1

5.  A vehicle which is being used for funerals. E+W+S

Commencement Information

I5 Sch. 3 Pt. I para. 5 in force at 1.1.1996, see reg. 1

6.  A vehicle which is being used for police, [F1 Scottish Fire and Rescue Service] [F2 or, in England or Wales, fire and rescue authority] or ambulance [F3 or Serious Organised Crime Agency] purposes. E+W+S

Textual Amendments

F1 Words in Sch. 3 Pt. 1 para. 6 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 73

F2 Words in Sch. 3 Pt. 1 para. 6 inserted (E.) (30.12.2004) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 35 and words in Sch. 3 para. 6 inserted (W.) (25.10.2005) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 35

F3 Words in Sch. 3 pt. 1 para. 6 inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 12

Commencement Information

I6 Sch. 3 Pt. I para. 6 in force at 1.1.1996, see reg. 1

7.  A vehicle which is being used for fire-fighting or rescue operations at mines. E+W+S

Commencement Information

I7 Sch. 3 Pt. I para. 7 in force at 1.1.1996, see reg. 1

8.  A vehicle on which no permanent body has been constructed, which is being used only for carrying burden which either is carried solely for the purpose of test or trial, or consists of articles and equipment which will form part of the completed vehicle when the body is constructed. E+W+S

Commencement Information

I8 Sch. 3 Pt. I para. 8 in force at 1.1.1996, see reg. 1

9.  A vehicle which is being used under a trade licence. E+W+S

Commencement Information

I9 Sch. 3 Pt. I para. 9 in force at 1.1.1996, see reg. 1

10.  A vehicle in the service of a visiting force or of a headquarters. E+W+S

Commencement Information

I10 Sch. 3 Pt. I para. 10 in force at 1.1.1996, see reg. 1

11.  A vehicle used by or under the control of Her Majesty’s United Kingdom forces. E+W+S

Commencement Information

I11 Sch. 3 Pt. I para. 11 in force at 1.1.1996, see reg. 1

12.  A trailer not constructed primarily for the carriage of goods but which is being used incidentally for that purpose in connection with the construction, maintenance or repair of roads. E+W+S

Commencement Information

I12 Sch. 3 Pt. I para. 12 in force at 1.1.1996, see reg. 1

13.  A road roller and any trailer drawn by it. E+W+S

Commencement Information

I13 Sch. 3 Pt. I para. 13 in force at 1.1.1996, see reg. 1

14.  A vehicle while being used under the direction of HM Coastguard or of the Royal National Lifeboat Institution for the carriage of life-boats, life-saving appliances or crew. E+W+S

Commencement Information

I14 Sch. 3 Pt. I para. 14 in force at 1.1.1996, see reg. 1

15.  A vehicle fitted with a machine, appliance, apparatus or other contrivance which is a permanent or essentially permanent fixture, provided that the only goods carried on the vehicle are— E+W+S

(a) required for use in connection with the machine, appliance, apparatus or contrivance or the running of the vehicle;

(b) to be mixed by the machine, appliance, apparatus or contrivance with other goods not carried on the vehicle on a road in order to thrash, grade, clean or chemically treat grain;

(c) to be mixed by the machine, appliance, apparatus or contrivance with other goods not carried on the vehicle in order to make fodder for animals; or

(d) mud or other matter swept up from the surface of a road by the use of the machine, appliance, apparatus or other contrivance.

Commencement Information

I15 Sch. 3 Pt. I para. 15 in force at 1.1.1996, see reg. 1

16.  A vehicle while being used by a local authority for the purposes of the enactments relating to weights and measures or the sale of food and drugs. E+W+S

Commencement Information

I16 Sch. 3 Pt. I para. 16 in force at 1.1.1996, see reg. 1

17.  A vehicle while being used by a local authority in the discharge of any function conferred on or exercisable by that authority under Regulations made under the Civil Defence Act 1948 M1 . E+W+S

Commencement Information

I17 Sch. 3 Pt. I para. 17 in force at 1.1.1996, see reg. 1

Marginal Citations

M1 1948 c.5, (12, 13 & 14 Geo. 6).

18.  A steam-propelled vehicle. E+W+S

Commencement Information

I18 Sch. 3 Pt. I para. 18 in force at 1.1.1996, see reg. 1

19.  A tower wagon or trailer drawn thereby, provided that the only goods carried on the trailer are goods required for use in connection with the work on which the tower wagon is ordinarily used as such. E+W+S

Commencement Information

I19 Sch. 3 Pt. I para. 19 in force at 1.1.1996, see reg. 1

20.  A vehicle while being used for the carriage of goods within an aerodrome within the meaning of section 105(1) of the Civil Aviation Act 1982 M2 . E+W+S

Commencement Information

I20 Sch. 3 Pt. I para. 20 in force at 1.1.1996, see reg. 1

Marginal Citations

M2 1982 c.16.

21.  An electrically propelled vehicle. E+W+S

Commencement Information

I21 Sch. 3 Pt. I para. 21 in force at 1.1.1996, see reg. 1

22.  A showman’s goods vehicle and any trailer drawn thereby. E+W+S

Commencement Information

I22 Sch. 3 Pt. I para. 22 in force at 1.1.1996, see reg. 1

[F4 23.   A vehicle which is being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in the United Kingdom in accordance with the provisions of Regulation (EC) No.1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.] E+W+S

Textual Amendments

F4 Sch. 3 Pt. 1 para. 23 substituted (4.12.2011) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2010 (S.I. 2010/455), regs. 1(1)(c), 2(5)

[F5 23A.— (1) A vehicle which is being used in Great Britain to carry out a cabotage operation— E+W+S

(a) which consists of national carriage for hire or reward by a haulier who is a holder of a Community licence and whose driver, if a national of a country which is not a member State, holds a driver attestation;

(b) where the vehicle is being used only for the carriage of vehicles in categories M₁ and N₁, as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; and

(c) the vehicle is being used at any time during a period beginning with—

(i) 22nd February and ending with 31st March; or

(ii) 25th August and ending with 30th September.

(2) In this paragraph “Community licence” and “driver attestation” have the same meanings as in Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.”]

Textual Amendments

F5 Sch. 3 Pt. 1 para. 23A inserted (15.8.2013) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2013 (S.I. 2013/1750), regs. 1, 2(2)

24.  A goods vehicle first used before 1 January 1977 which has an unladen weight not exceeding 1525 kilograms and for which the maximum gross weight, as shown on a plate affixed to the vehicle by virtue of regulation 66 of the Motor Vehicles (Construction and Use) Regulations 1986 or any provision which that regulation replaced, exceeds 3500 kilograms but does not exceed 3556.21 kilograms (3½ tons). E+W+S

Commencement Information

I23 Sch. 3 Pt. I para. 24 in force at 1.1.1996, see reg. 1

25.  A vehicle while being used by a highway authority for the purposes of section 196 the Road Traffic Act 1988 M3 . E+W+S

Commencement Information

I24 Sch. 3 Pt. I para. 25 in force at 1.1.1996, see reg. 1

Marginal Citations

M3 1988 c.52; to which there are amendments not relevant to this provision.

26.  A vehicle being held ready for use in an emergency by an undertaking for the supply of water, electricity, gas or telephone services. E+W+S

Commencement Information

I25 Sch. 3 Pt. I para. 26 in force at 1.1.1996, see reg. 1

27.  A recovery vehicle. E+W+S

Commencement Information

I26 Sch. 3 Pt. I para. 27 in force at 1.1.1996, see reg. 1

28.  A vehicle which is being used for snow clearing, or for the distribution of grit, salt or other materials on frosted, icebound or snow-covered roads or for going to or from the place where it is to be used for the said purposes or for any other purpose directly connected with those purposes. E+W+S

Commencement Information

I27 Sch. 3 Pt. I para. 28 in force at 1.1.1996, see reg. 1

29.  A vehicle proceeding to or from a station provided by the Secretary of State under section 45 of the Road Traffic Act 1988 for the purposes of an examination of that vehicle under that section provided that— E+W+S

(a) the only load being carried is a load required for the purposes of the examination; and

(b) it is being carried at the request of the Secretary of State.

Commencement Information

I28 Sch. 3 Pt. I para. 29 in force at 1.1.1996, see reg. 1

[F6 30.   A vehicle in a category or sub-category listed in column 1 of Table 2 in regulation 37 of the Motor Vehicles (Driving Licences) Regulations 1999, provided that— E+W+S

(a) no goods are being carried on the vehicle or trailer other than any that may be carried on the vehicle for the purposes of a practical test of driving skills and behaviour, as prescribed in that regulation 37;

(b) any goods that are being carried on the vehicle or trailer are being carried only for the purposes of driver instruction and not otherwise—

(i) for hire or reward, or

(ii) for or in connection with any trade or business; and

(c) the vehicle is—

(i) being used for the instruction of a driver who has not passed a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988;

(ii) proceeding to or from a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988 or being used in such a test; or

(iii) being used in the course of—

(aa) a driving lesson for the purpose of enabling a person to obtain a CPC within the meaning of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007;

(bb) periodic training as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; or

(cc) an initial CPC test as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; ]

Textual Amendments

F6 Sch. 3 Pt. 1 para. 30 inserted (15.8.2013) by The Motor Vehicles (Driver Testing and Vehicle Load) Regulations 2013 (S.I. 2013/1753), regs. 1(1), 4