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My business is to supply converted buses and lorries to

11th September 1997
Page 57
Page 57, 11th September 1997 — My business is to supply converted buses and lorries to
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Which of the following most accurately describes the problem?

the film industry. The vehicles have fixed rails for hanging garments, drawers for clothes, and mirrors, seats and cupboard space for makeup facilities. Some have washing machines, tumble driers, ironing boards and irons, and other electrical appliances.

The only purpose they are used for is to be at film locations for the crew to use the on-board facilities.

I have an Operator's Licence and HGV licence but I know another person in the same kind of work who has been told at a test station that he does not need an operator's or HGV licence and can tax T/C Section 2 of the Goods I'll Vehicles (Licensing of Operators) Act 1993 states that a person must not use a goods vehicle on a road for the carriage of goods for hire or reward or in connection with his trade or business except under an Operator's Licence.

Section 58 states that for the purposes of the act a goods vehicle is "a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted...".

"Goods" is defined as including goods or burden of any description. Items which are not permanently fixed to a vehicle are generally warded as goods, while items which are fitted can be classed as burden. In the case of Burmingham Lindsell (1936) 2 All ER 159, a van belonging to Gaumont British was permanently fitted with sound-recording apparatus. The High Court had no hesitation in deciding this apparatus was burden.

So if the vehicles you operate carry goods or are fitted with equipment it is likely that a court would regard them as goods vehicles used for the carriage of goods.

But if a vehicle does not carry goods and has no equipment fitted -such as an empty van or a coach with the seats stripped out and used simply as a changing room— it would still be a goods vehicle but would not be subject to °licensing unless it did carry goods or burden.

Vehicles which are goods vehicles and are used to carry goods for hire or reward or in connection with a trade or business must be taxed at the goods rate of vehicle excise duty. If the vehicles you operate are goods vehicles over 7.5 tonnes GVW the driver will require an 1.IGV driver's licence.

There is no exemption for vehicles which are used on this kind of work.

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