Cl We are in the habit of borrowing a breakdown vehicle
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from a neighbouring company. This vehicle is operated under trade plates and weighs less than 7.5 tonnes. Does the driver have to have an hgv licence?
PA similar question was answered in CM March 5, and from this you will see, that if you are recovering freight vehicles, then the driver will need to be at least 21 years of age and hold an hgv driving licence.
However, you should be aware that both you and the company loaning the vehicle are breaking the law as it refers to the use of trade plates.
Section 16 of the Vehicles (Excise) Act 1 971 deals with the issue of trade licences. Subsection 1(i) authorises the issue of trade licences to a motor trader for all mechanically propelled vehicles which are from time to time in his possession, in the course of his business as a motor trader and all recovery vehicles kept by him, for the purpose of dealing with disabled vehicles in the course of that business.
Moreover, Regulation 34 of the Road Vehicles (Registration and Licensing) Regulations 1971 states that -no person, not being the holder of a trade licence, shall use on a public road a vehicle on which there is displayed a trade plate or a trade licence .
Although this regulation goes on to allow a person to drive the vehicle. with the consent of the holder of the trade licence, it makes the stipulation that the vehicle must.
be being used by the holder a the licence.
From this, you will see that E vehicle must be used on trade plates only for the business o the licence holder. He canna loan it to you, legally, even if is driven by his own driver. The purpose for which it is being used under trade plates must be for his own business.
This is further defined ir Regulation 35(1) as -a purposE connected with his business as a manufacturer or repairer of, oi dealer in mechanically pro• pelled vehicles-. Subsectior (3) emphasises that the licence must be used by him for the purpose of dealing with disa• bled vehicles in the course o' his business.