The Goods Vehicles (Licensing of Operators) Regulations 1995

Regulation 33

SCHEDULE 3E+W+S CLASSES OF VEHICLES FOR WHICH A LICENCE IS NOT REQUIRED

PART IE+W+S

1.  Any tractor as defined in paragraph 4(3) of Part IV of Schedule 1 to the Vehicle Excise and Registration Act 1994 (as originally enacted) while being used for one or more of the purposes specified in Part II of this Schedule.E+W+S

2.  A dual-purpose vehicle and any trailer drawn by it.E+W+S

3.  A vehicle used on a road only in passing from private premises to other private premises in the immediate neighbourhood belonging (except in the case of a vehicle so used only in connection with excavation or demolition) to the same person, provided that the distance travelled on a road by any such vehicle does not exceed in the aggregate 9.654 kilometres, (6 miles), in any one week.E+W+S

4.  A motor vehicle constructed or adapted primarily for the carriage of passengers and their effects, and any trailer drawn by it, while being so used.E+W+S

5.  A vehicle which is being used for funerals.E+W+S

6.  A vehicle which is being used for police, [F1Scottish Fire and Rescue Service] [F2or, in England or Wales, fire and rescue authority] or ambulance [F3or Serious Organised Crime Agency] purposes.E+W+S

7.  A vehicle which is being used for fire-fighting or rescue operations at mines.E+W+S

8.  A vehicle on which no permanent body has been constructed, which is being used only for carrying burden which either is carried solely for the purpose of test or trial, or consists of articles and equipment which will form part of the completed vehicle when the body is constructed.E+W+S

9.  A vehicle which is being used under a trade licence.E+W+S

10.  A vehicle in the service of a visiting force or of a headquarters [F4within the meaning of article 8(9) of the Visiting Forces and International Headquarters (Application of Law) Order 1999].E+W+S

11.  A vehicle used by or under the control of Her Majesty’s United Kingdom forces.E+W+S

12.  A trailer not constructed primarily for the carriage of goods but which is being used incidentally for that purpose in connection with the construction, maintenance or repair of roads.E+W+S

13.  A road roller and any trailer drawn by it.E+W+S

14.  A vehicle while being used under the direction of HM Coastguard or of the Royal National Lifeboat Institution for the carriage of life-boats, life-saving appliances or crew.E+W+S

15.  A vehicle fitted with a machine, appliance, apparatus or other contrivance which is a permanent or essentially permanent fixture, provided that the only goods carried on the vehicle are—E+W+S

(a)required for use in connection with the machine, appliance, apparatus or contrivance or the running of the vehicle;

(b)to be mixed by the machine, appliance, apparatus or contrivance with other goods not carried on the vehicle on a road in order to thrash, grade, clean or chemically treat grain;

(c)to be mixed by the machine, appliance, apparatus or contrivance with other goods not carried on the vehicle in order to make fodder for animals; or

(d)mud or other matter swept up from the surface of a road by the use of the machine, appliance, apparatus or other contrivance.

16.  A vehicle while being used by a local authority for the purposes of the enactments relating to weights and measures or the sale of food and drugs.E+W+S

17.  A vehicle while being used by a local authority in the discharge of any function conferred on or exercisable by that authority under Regulations made under the Civil Defence Act 1948 M1.E+W+S

18.  A steam-propelled vehicle.E+W+S

19.  A tower wagon or trailer drawn thereby, provided that the only goods carried on the trailer are goods required for use in connection with the work on which the tower wagon is ordinarily used as such.E+W+S

20.  A vehicle while being used for the carriage of goods within an aerodrome within the meaning of section 105(1) of the Civil Aviation Act 1982 M2.E+W+S

21.  An electrically propelled vehicle.E+W+S

22.  A showman’s goods vehicle and any trailer drawn thereby.E+W+S

[F523.  A vehicle which is being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in the United Kingdom in accordance with the provisions of Regulation (EC) No.1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.]E+W+S

[F623A.—(1) A vehicle which is being used in Great Britain to carry out a cabotage operation—E+W+S

(a)which consists of national carriage for hire or reward by a haulier who is a holder of a Community licence and whose driver, if a national of a country which is not a member State, holds a driver attestation;

(b)where the vehicle is being used only for the carriage of vehicles in categories M₁ and N₁, as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; and

(c)the vehicle is being used at any time during a period beginning with—

(i)22nd February and ending with 31st March; or

(ii)25th August and ending with 30th September.

(2) In this paragraph “Community licence” and “driver attestation” have the same meanings as in Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.”]

24.  A goods vehicle first used before 1 January 1977 which has an unladen weight not exceeding 1525 kilograms and for which the maximum gross weight, as shown on a plate affixed to the vehicle by virtue of regulation 66 of the Motor Vehicles (Construction and Use) Regulations 1986 or any provision which that regulation replaced, exceeds 3500 kilograms but does not exceed 3556.21 kilograms (3½ tons).E+W+S

25.  A vehicle while being used by a highway authority for the purposes of section 196 the Road Traffic Act 1988 M3.E+W+S

26.  A vehicle being held ready for use in an emergency by an undertaking for the supply of water, electricity, gas or telephone services.E+W+S

27.  A recovery vehicle.E+W+S

28.  A vehicle which is being used for snow clearing, or for the distribution of grit, salt or other materials on frosted, icebound or snow-covered roads or for going to or from the place where it is to be used for the said purposes or for any other purpose directly connected with those purposes.E+W+S

29.  A vehicle proceeding to or from a station provided by the Secretary of State under section 45 of the Road Traffic Act 1988 for the purposes of an examination of that vehicle under that section provided that—E+W+S

(a)the only load being carried is a load required for the purposes of the examination; and

(b)it is being carried at the request of the Secretary of State.

[F730.  A vehicle in a category or sub-category listed in column 1 of Table 2 in regulation 37 of the Motor Vehicles (Driving Licences) Regulations 1999, provided that—E+W+S

(a)no goods are being carried on the vehicle or trailer other than any that may be carried on the vehicle for the purposes of a practical test of driving skills and behaviour, as prescribed in that regulation 37;

(b)any goods that are being carried on the vehicle or trailer are being carried only for the purposes of driver instruction and not otherwise—

(i)for hire or reward, or

(ii)for or in connection with any trade or business; and

(c)the vehicle is—

(i)being used for the instruction of a driver who has not passed a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988;

(ii)proceeding to or from a test of competence to drive that class of vehicle under section 89 of the Road Traffic Act 1988 or being used in such a test; or

(iii)being used in the course of—

(aa)a driving lesson for the purpose of enabling a person to obtain a CPC within the meaning of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007;

(bb)periodic training as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; or

(cc)an initial CPC test as defined in regulation 2(1) of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007; ]

PART IIE+W+SPURPOSES REFERRED TO IN PARAGRAPH 1 OF PART I OF THIS SCHEDULE

1.  Hauling—E+W+S

(a)threshing appliances;

(b)farming implements;

(c)a living van for the accommodation of persons employed to drive the tractor; or

(d)supplies of water or fuel required for the tractor.

2.  Hauling articles for a farm required by the keeper, being either the occupier of the farm or a contractor employed to do agricultural work on the farm by the occupier of the farm.E+W+S

3.  Hauling articles for a forestry estate required by the keeper where the keeper is the occupier of that estate or employed to do forestry work on the estate by the occupier or a contractor employed to do forestry work on the estate by the occupier.E+W+S

4.  Hauling within 24.135 kilometres, (15 miles), of a farm or a forestry estate occupied by the keeper, agricultural or woodland produce of that farm or estate.E+W+S

5.  Hauling within 24.135 kilometres, (15 miles), of a farm or a forestry estate occupied by the keeper, material to be spread on roads to deal with frost, ice or snow.E+W+S

6.  Hauling a snow plough or a similar contrivance for the purpose of clearing snow; andE+W+S

7.  Hauling—E+W+S

(a)soil for landscaping or similar works; or

(b)a mowing machine,

where the keeper is a local authority.