Licence margin
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I hold an Operator's Licence for four vehicles. I had to sell the vehicles and I returned the licence discs so no vehicle was specified on the licence.
Some work was offered to me so I bought another truck and started using it. I had been using it for only three days when the police stopped it because there was no 0-disc on the windscreen.
I have now received a summons for using the vehicle without an 0licence even though I hold one. I believed I had one month in which to get a disc for it.
What is your advice ?
FA-10n the information [IN given, it appears you have a defence to the charge.
Section 61 of the Transport Act 1968 deals with what vehicles are authorised on an operator's licence. The Section refers to vehicles being 'authorised' and being 'specified' and it is essential that you—and the court— understand the difference. Both motor vehicles and trailers are authorised but only motor vehicles can be specified.
When a licence is issued it authorises a number of motor vehicles and trailers. When an operator decides to put a motor vehicle on the road he informs the Licensing Authority and the vehicle registration number is written on the licence and an identity disc is issued. This is known as the vehicle being specified on the licence.
Where an operator uses the full vehicle authorisation the motor vehicles come within sub-section (1)(a) of Section 61 and any trailers come within sub-section (1)(b).
But when an operator has fewer motor vehicles specified on the licence that he has authorised, the spare capacity comes within subsection (1)(c). This is referred to in the transport industry as a 'hiring margin' as it is often used by operators to hire vehicles for short periods without the need to notify their acquisition to the LA. But it also authorises the use of vehicles bought or acquired by the licence holder—as in your case— after the grant of the licence.
Sub-section (3) states that where an operator has such spare capacity on his licence he has one month from the date he acquires the vehicle to notify the LA that he has acquired it. If the operator does not notify the LA within that month, the use of the vehicle during that period is unauthorised.
Notice that this provision refers to 'acquiring' the vehicle—not 'using' it (which might be at a later date).
It appears that at the time of the police check, there was spare capacity on your licence for four vehicles. To show that your use of the vehicle came within Section 61(1)(c) and (3) you will have to produce evidence that: a. on the date of the alleged offence, you held a licence which had spare capacity to authorise that vehicle; b. the date you bought the vehicle; c. the date you notified the LA you had acquired the vehicle; and d. that the dates between b. and c. are not more than one month apart.