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Q One of my vehicles was carrying an old trailer
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back to base when it was stopped by the police. The vehicle concerned was an artic equipped with jacks and a towbar so that it could be classified as a breakdown vehicle; it was taxed and plated. As a motor trader we have been issued with trade plates and though the vehicle carried trade plates with another, set under the seats we are being prosecuted for using a vehicle with no operator's licence, is a breakdown vehicle not exempt from 0 licensing?
A It is not clear if the vehicle was being operated under trade plates and that these were actually being idsplayed. This makes a difference.
Schedule 1 of the Goods Vehicles (Operators' Licences) Regulations 1969 lays down the vehicles for which an operator's licence is not required. Paragraph 11 exempts vehicles being used under a trade licence.
Breakdown vehicles, as such, are not exempted though they could fall within the definition of those described in paragraph 16.
This exempts "a vehicle fitted with a machine, appliance, apparatus or other contrivance which is a permanent or essentially a permanent fixture provided that the only goods carried on the vehicle are such as are required for use in connection with the machine appliance, apparatus or contrivance or the running of the vehicle". From your description it appears that your vehicle would not come within that definition.
Therefore, because it was, on this occasion, apparently taxed and plated as a goods vehicle and it was carrying "goods or burden of any description" in connection with your trade or business, an 0 licence was required.