Q Do I need an hgv licence for a vehicle with
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a demountable body which is over 3 tons unladen with the body in position but under 3 tons unladen without the body? My manager says that because the chassis-cab is under 3 tons the vehicle can be driven without an hgv licence; 1 maintain that this Es purely a privilege for taxation purposes under the Excise Act 1971, A Section 194 of the Road Traffic Act 1972 states : "The weight unladen of a vehicle or trailer shall be taken to be the weight of the vehicle or trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, or, as the case may be, of any vehicle by which the trailer is drawn, and of any loose tools and loose equipment."
The critical factor is whether a demountable body is considered to be part of the load or part of the vehicle. It is our opinion that for a vehicle with a genuine demountable body system, the body is part of the vehicle and must be included in its unladen weight for Road Traffic Act purposes, and so the driver must hold an hgv driving licence.