Q We have a scissors-lift platform mounted on a four-wheel drive
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chassis for use on construction sites for lifting materials and men to working heights of buildings under construction.
Our problem is with moving the machine from site to site under its own power. The Vehicle Excise Department has agreed to let us pay tax at the £25 per year rate for a private motor vehicle as we do not wish to carry goods upon the highway with it. The point we with to clarify is this: as the vehicle weighs about 6 tons unladen do we need a heavy goods licence to drive it on the highway or, as it is taxed at the private car rate, is an hgv licence unnecessary?
AThe necessity for a driver to hold a heavy goods vehicle driving licence has nothing to do with the way in which the vehicle is used or how it is taxed.
Part IV of the Road Traffic Act 1972 governs the licensing of heavy goods vehicle drivers. Section 112(i) states briefly that it shall be an offence for a driver to drive a heavy goods vehicle on a road unless he is licensed to do so. Section 124 defines a heavy goods vehicle as a vehicle constructed or adapted to carry goods or burden of any kind which falls within certain classes. One of these classes is that of heavy motor car, that is a vehicle weighing over 3 tons unladen. into which class your vehicle falls.
Note that the definition stipulates only that the vehicle must be constructed or adapted to carry goods. It does not say anything about it actually carrying goods. Therefore, the driver of your vehicle needs to hold an hey driving licence.