TWO USERS • This company operates a fleet of vehicles and
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holds a restricted Operator's Licence for carrying our own goods. A haulier has approached us to take over our delivery work using our vehicles and his drivers. But we would want to retain the right to use the vehicles at times using our own employees as drivers.
How would we stand under 0-licence law? What disc would have to be in the windscreen?
• For the haulier and yourselves to operate the same vehicle you would both need an 0-licence. But to avoid the prohibition on a vehicle being specified on two licences at the same time, much will depend on who is going to have lawful possession of the vehicles and for how long.
Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 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 any trade or business carried on by him, except under an 0-licence.
The burden of holding a
licence rests on the f who "uses" the vehicle. circumstances desc where people employed I different employers are to drive a vehicle, it is es to know who the "user" is particular time.
Section 58(2) of th says: "For the purposes Act, the driver of a vehic belongs to him or is in hi session under an agreem hire, hire-purchase or lox in any other case the r whose servant or agent t ver is, shall be deemed to person using the vehicle."
So while the vehicle ven by the haulier's dr must be authorised on licence held by the h While driven by your eel it must be authorised licence held by your con It seems that the lit will normally be in the pi sion of the haulier. If that case they should be spi on his licence. When a vel driven by your emplo! should be used unde authority of your licence out being specified on it. E vehicle was back in youi session for more than a it would have to be taken 1 haulier's licence and be fled on your licence.
Regulation 23 of the I Vehicles (Licensing Operators) Regulations says that while a vehi specified on a licence whether or not it is beim for the purpose for wt licence is required) the de's identity disc must t played in the windscreen.
So whichever licen vehicle is specified or identity disc for that v and that licence must b played on the vehicle, when it is used unde authority of the other lit