We are a bodybuilding company and after completing some body
Page 34
If you've noticed an error in this article please click here to report it so we can fix it.
repairs on a vehicle we were asked by the company, to whom the vehicle belonged, to have one of our employees drive it back to their premises under their trade plates. We argued that our employee could not drive the vehicle under these circumstances. Are we correct? Trade plates may be used under Regulation 35(4)(h) of the Road Vehicle (Registration and Licensing) Regulations 1971 to move a vehicle to or from a workshop in which a body is to be or had been fitted or where it is to be or has been repainted or repaired.
However, Regulation 40(1) lays down who shall be carried on the vehicle and paragraph (a) states that, among others, this shall include "any other person driving with the consent of the holder while accompanied by him or an employee of his."
Therefore, you were correct to refuse to allow your company's employee to drive the vehicle if a representative of the company holding the trade licence was not to accompany it.