Is it permissible for a vehicle being operaunder trade plates
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to carry a passenger? When our breakdown vehicle is called out, it is not unusual for staff not connected with its operation to hitch a lift if the route being taken is convenient to them. Is this allowed under the relevant Regulations? ted A The carriage of passen gers by vehicles being operated under trade plates is governed by Regulation 40 of the Road Vehicles (Registration and Licensing) Regulations 1971. Here it is stated that : "No person, being the holder of a trade licence, shall use a mechanically propelled vehicle on a public road by virtue of that licence for carrying any person on the vehicle or on any trailer drawn thereby other than— (a) the driver of the vehicle, being the holder of the licence, an employee of the holder, or any other person driving with the consent of the holder while (except in the case of a vehicle which is constructed to carry only one person) accompanied by the holder or an employee of his; (b) any person required to be on the vehicle or trailer by, or by virtue of, the Road Traffic Act 1960; (c) any person carried for the purpose of fulfilling his statutory duties in connection with an inspection of the vehicle or trailer; (d) any person in a disabled vehicle towed; (e) the holder of the trade licence or an employee of his, if in either case his presence is necessary for the purpose for which the vehicle is being used; (f) an employee of the holder of the trade licence proceeding to a place for the purpose of driving vehicle on behalf of the holder of the trade licence in the course of his business as a motor trader; (g) a prospective purchaser or his servant or agent or any person requested to accompany the said prospective purchaser, or in the case of a vehicle being used for the purpose mentioned in Regulation 35 (4) (f) of these Regulations, the purchaser or his servant or agent or any person requested to accompany the said purchaser; or (h) a person mentioned in Regulation 35 (4) (d) of these Regulations (for publicity purposes).
Where a person coming within sub-paragraph (g) or (h) of the preceding paragraph of this Regulation is carried he shall be accompanied (except in the case of a vehicle which is constructed to carry only one person) by the holder of the trade licence or an employee of his."
Thus, unless the person being given a lift is to carry out duties under (c) or (f) above, the practice of carrying staff while answering a breakdown call is not permitted,