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Q We operate a Foktfork demonstration unit which is basically an
Page 107
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articulated ractive unit weighing approximately 4+ ons, fitted with a fork-lift conversion.
This vehicle is taxed as a mobile crane a £5 a year and is never used to 'raw a trailer or carry a load on the wads, but simply to travel from one site o another for demonstration purposes. We are given to understand that it is rot necessary to include this vehicle on he operator 's licence. However, there seems
o be considerable areas of doubt as to he type of licence which the driver ,equired to drive this vehicle — should it oe an ordinary driver's licence or a :lass 3 hgv licence? AThe driver of this vehicle should have at least a Class 3 heavy goods vehicle licence. We cannot understand the doubt which has arisen as to the type of licence which the driver requires. The exemption from the requirements to hold an hgv driving licence are given in the Heavy Goods Vehicle (Driving Licences) Regulations 1969. The only One which might possibly apply to your vehicle is contained in paragraph 28 (1)(k) which exempts "any motor car as defined in Section 253 (2) of the Road Traffic Act 1960 so constructed that a trailer may by partial superimposition be attached thereto in such a manner as to cause a substantial part of the weight of the trailer borne thereby, but which has not any trailer attached".
To decide whether your vehicle comes within this exemption it is necessary to realize the difference between motor car and heavy goods vehicle. Paragraph 253 of the Road Traffic Act 1960 broadly defines a motor car, if it is constructed or adapted for the conveyance of goods or burden of any description as a mechanically propelled vehicle not exceeding 3 tons unladen or if it is not so constructed or adapted is not exceeding tons unladen. The heavy motor car is defined as a mechanically propelled vehicle not being a motor car. which is constructed itself to carry a load or passengers and the weight of which unladen exceeds 4 tons.
The vehicle which you are using obviously falls within the category of heavy motor car and does not therefore qualify for exemption under the paragraph.
It should also be understood that your vehicle is considered to be constructed to carry load as shown in the interpretation contained in the Act of 1960 which states that "For the purposes of this section in a case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to a vehicle itself constructed to carry a load".