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Q My friends and I propose to buy a heavy goods

24th September 1976
Page 254
Page 254, 24th September 1976 — Q My friends and I propose to buy a heavy goods
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Which of the following most accurately describes the problem?

vehicle and use it to train ourselves for the hgv driver's test. Can we tax

it at the private rate of a year? Can we use it to tow empty trailers and as a recovery vehicle while so taxed? Do we need operator's licence?

AA training vehicle can be taxed at the private vehicle rate of £40 a year but it is difficult to understand how you and your friends can use it to prepare for the hgv driving test. If you hold provisional hgv driving licences you will have to be accompanied by the holder of a full hgv driving licence. Should you be able to arrange this, then the experienced driver will not legally be able to teach you and your friends for any kind of payment unless he is a properly registered instructor.

Goods vehicles are taxed in accordance with the provisions of Schedule 4 of the Vehicles (Excise) Act 1971. Here a goods vehicle is defined as a mechanically propelled vehicle constructed or adapted for use and used for the conveyance of goods or burden of any description, whether in the course of trade or otherwise. Two important words are "and used".

Therefore, as a training vehicle, your vehicle may be taxed at the private rate because it is not used to carry goods.

Similarly, the vehicle can be used to pull empty trailers but it is important to establish that it is never used to pull them while loaded. To ensure that this is so and to demonstrate the fact if the use of the vehicle is queried when it is used in this way while so taxed, a notice drawing a driver's attention to the need for trailers to be unladen should be displayed prominently in the cab. Of course, the driver should hold a full hgv driving licence.

You could use it as a recovery vehicle while taxed at the private rate provided the vehicle being towed is not raised and driven with part of its weight resting on your vehicle The broken down vehicle would also have to be unladen.

.After all, there is no law which prevents a broken down vehicle being towed by a private car taxed in this way.

Should the broken down vehicle be laden or be recovered in such a manner that part of its weight rests on the towing vehicle, then it could be regarded as "burden" and you would then be breaking the law.

As you will not be carrying goods for hire and reward or in connection with a trade or business, no operator's licence will be required.

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