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' A , If your operator's licence L_ authorised not more

28th October 1993, Page 52
28th October 1993
Page 52
Page 52, 28th October 1993 — ' A , If your operator's licence L_ authorised not more
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Which of the following most accurately describes the problem?

than six motor vehicles and you already had six other vehicles specified on it when using the new tractor you were committing an offence by using that tractor because it was not authorised on your operator's licence at the time in question.

'lb be authorised on a licence a vehicle must come within one of the following paragraphs given in Section 61(1) of the Transport Act 1968: (a) motor vehicles belonging to the holder of the licence or in his possession under an agreement for hirepurchase, hire or loan, which are specified in the licence; (b) trailers from time to time belonging to the holder of the licence or in his possession under an agreement for hirepurchase, hire or loan, not exceeding a number specified in the licence; (c) motor vehicles not exceeding a maximum number specified in the licence which belong to the holder of the licence or are in his possession under an agreement for hirepurchase, hire or loan, but acquired by him or coming into his possession, only after the grant of the licence. The one-month period you mention relates to the situation where an operator has authority on his licence, under paragraph (c) above, to add motor vehicles which are acquired by him after the grant of the licence this facility is known as a hiring margin.

Section 61(3) states that, where a licence has such an authority, the use of a vehicle will cease to be authorised under it one month after it has been acquired or hired unless before the end of that month the operator notifies the Licensing Authority that he has the vehicle.

Notice that the one-month period begins at the time the vehicle is acquired or hired. It does not start at the later time when the vehicle is put on the road.

So even if you had a margin on your licence for an extra vehicle the one-month allowed for notifying the LA of the replacement vehicle's acquisition had expired before you put it on the road.