Fine for Fastrac farmer
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• A farmer who used a JCB Fastrac agricultural tractor and trailer to carry spoil from a Welsh Water Authority site without an 0-Licence has been fined 000. Gareth Jenkins, of Watstown, Rhondda, had denied the offence.
PC Ball of the South Wales Police told Merthyr Tydfil magistrates that Jenkins was contracted to Welsh Water to remove soil and rubble from the Merthyr site, for which he was receiving payment. The prosecution argued that the Fastrac was being used for hire or reward and needed an 0-licence.
Defending, Andrew Woolfall said Jenkins had been taking the soil and rubble to his own farm. He mentioned what he was doing to a neighbour, who asked if he could have some of the soil and rubble. Jenkins agreed, but no money changed hands; he did it as a Favour.
Woolfall said this fell within the exemption from 0-licensing for agricultural tractors when used for hauling articles For a farm. He argued that the word "employed" had to be used in a wider context and included doing a favour in the expectation that the favour would some day be repaid. Convicting Jenkins, the magistrates said they accepted the Fastrac had been used on agricultural work and the exemption would have applied. They decided the favour counted as employment.
In mitigation, Woolfall said Jenkins had been advised by the National Farmers Union and the Traffic Commissioner that an 0-licence was not required for such work. He subsequently made an application for a licence which had taken six months be granted because of continuing doubts over whether it was necessary.