Q Is an operator's licence required, and is it necessary to keep records of hours worked, under the following circumstances?
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I wish to hire a truck for five days (its gvw is 9.5 tons) to collect some furniture. The trip is a private one, and not connected with a firm; no form of payment will be received. I hold an hgv licence.
A Section 60 of the Transport Act 1968 states, in brief, that no person shall use a goods vehicle on a road for the carriage of goods for hire or reward or in connection with any trade or business carried on by him except under an operator's licence. You will not presumably be carrying the furniture for hire or reward or in connection with any trade or business, so no operator's licence will be required.
The question of drivers' hours is dealt with under Section 95 and the subject of written records under Section 98 in Part VI of the Transport Act 1968. Section 95 makes it clear that it is intended to secure the observance of proper hours of work by people carrying goods or passengers by road, and so protect the public against risks which arise in cases where drivers are suffering from fatigue.
It also makes clear that this part of the Act applies to people who drive in the course of their employment ("employeedrivers-) and those who drive for the purpose of their own trade or business ("owner-drivers"). The clear inference is that the limits are intended to refer to drivers working regularly either on their own behalf or for somebody else.
As you already have an hgv licence, presumably you are regularly employed in driving heavy goods vehicles, and the Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1970 require records to be kept in respect of each working day, On the assumption that you will not be transporting this furniture on a working day, then there is no reason for
records to be kept. On the other hand, you will no doubt realize the advisability of observing a reasonable driving period with the vehicle you intend to use, in relation to the maintenance of public safety.