Q The other day one of my drivers found that his
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regular vehicle would not start for an early morning departure, and he took what he thought was a spare vehicle which was in my yard. Unfortunately, he failed to notice that the vehicle was not licensed and bore no road tax disc. He is being prosecuted for using an untaxed vehicle; and I have been informed that I will also be prosecuted for using or keeping the vehicle on a road.
A Section 8 and 9 of the Vehicles (Excise) Act 1971 deals with the consequences of using and keeping vehicles without a licence. Though Section 8 (2) provides a defence against prosecution, this does not include the use of the vehicle without the owner's knowledge. However, it would be difficult to bring a successful prosecution if, for instance, the vehicle was stolen or taken for a joyride.
In your case, the driver was using the vehicle on the road on your business and it is likely that the magistrates would consider that this would amount to implicit permission to use the vehicle. It is unfortunate that you did not make known to your drivers that the vehicle should not be taken out of the yard.