Q We are just beginning to oper ate vehicles with
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demountable bodies and, as we intend to demount the bodies with the goods inside them, we have been able to fax the vehicles at a rate of duti• which excludes the weight of the bodies in calculating the unladen weight. As the vehicles are lust under 3 ions unladen without the bodies does this mean that the driver need not have a heavy goods vehicle driving licence?
A. If the vehicles are over 3 tons unladen when the weight of the demountable body is included, then the driver needs a heavy goods vehicle driving licence: The provision which allows the unladen weight of alternative bodies to be disregarded when computing unladen weight is contained in Schedule 6 of the Vehicles (Excise) Act 1971 and applies to a vehicle having a body constructed or adopted for the purpose of being lifted on or off the vehicle with goods or burden Contained therein which is from time to time actually used for that purpose in the ordinary course of business. This computation may be used for establishing the amount of excise duty payable.
The licensing of drivers of heavy goods vehicles, however, is provided for in Part IV of the Road Traffic Act 1972. In Part VII of the Act, Section 194 provides a method of calculating the weight of motor vehicles and trailers.
This Section states quite explicitly that for the purpose of this Act (The Road Traffic Act 1972) the weight unladen of a vehicle or trailer shall be taken to be "the weight of the vehicle or trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road.
Thus, it is plain that the weight of a demountable body should be included in deciding whether the driver needs an hgv driving licence.