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Does my business require an operators licence?

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The Question

Dear *****

Please can you provide written explanation for the following with as much detail as possible this would be greatly appreciated. As this business is trying desperately to avoid the legislation but will adhere if they have too. They do seem very adamant that as show men they don't need too.

Thank you

Scenario
An event company which specialises in serving cooked meats at festivals and fairs throughout the UK, generally during the summer months, the fleet consisting of 7.5t and 18t Box vehicles, half the box is living accommodation and the other half has tools e.g. generators to power the catering trailer/s which are towed behind the vehicles, the trailers are over 1020kgs.

Questions
Does this business require an operator's licence?
There are exemptions to regulations which cause confusion:-
Vehicle fitted with machine, appliance, apparatus or contrivance which is permanent or essentially permanent fixture, provided the only goods carried on the vehicle are goods required for use in connection with equipment or the running of the vehicle.

Show mans goods vehicles and their trailers
Any specialised vehicles being used for transporting circus or fun fair equipment. This business does work on a lot of fairs!

Does this business require the use of tachographs?
There are exemptions to regulations which cause confusion:-
Specialised vehicles transporting circus and fun fair equipment

Please provide definition of showman and a show vehicle as I cannot find this in the regulations?

If the owner of the business is a member of the showman's guild does this have any bearing on the situation?

Is there any circumstances where this business can be exempt from one or both set of legislation?

My feelings that they may be exempt from O'licence, but are definitely not from Tachographs , just need the definitive answer in writing from you guys though please.

I look forward to receiving your response.



The DVSA's Answer

I refer to your e - mail of today's date, concerning the above.

As discussed, I will answer your questions in turn:

Does this business require an operator's licence?
There are exemptions to regulations which cause confusion:-
Vehicle fitted with machine, appliance, apparatus or contrivance which is permanent or essentially permanent fixture, provided the only goods carried on the vehicle are goods required for use in connection with equipment or the running of the vehicle. Show mans goods vehicles and their trailers (See definition below)
Any specialised vehicles being used for transporting circus or fun fair equipment. This business does work on a lot of fairs!

Vehicles with fixed equipment
This exemption usually applies in cases where a machine, appliance or apparatus (e.g a crane, compressor or generator) has been fixed or bolted on to the vehicle. Any goods carried on such a vehicle must be strictly in connection with the use of such equipment, (i.e. the vehicle should effectively form a moving platform for these permanent or essentially permanent fixtures, and absolutely no goods that are not essential for the equipment to function (e.g. loose tools or other articles) should be carried on the vehicle.

Does this business require the use of tachographs?
There are exemptions to regulations which cause confusion:-
Specialised vehicles transporting circus and fun fair equipment
(From an explanation from one of our Traffic Enforcement specialists) -

"So, in English; specialised vehicles used to transport circus or funfair equipment will be exempt EC drivers hours, although they may well not be exempt UK Domestic Hours Code. The critical bit is that the vehicle must be specialised, as a guide, for example, a vehicle that has sections that fold out to form a funfair ride would be specialised. An 18 tonne flatbed vehicle carrying the 'Big Top' would not be speciaised".

Please provide definition of showman and a show vehicle as I cannot find this in the regulations?

The definition of showman's goods vehicle in Section 62 of the Vehicle Excise and Registration Act 1994. This is defined as a showman's vehicle which-

is a goods vehicle; and
is permanently fitted with a living van or some other special type of body or superstructure, forming part of the equipment of the show of the person whose name is registered under the 1994 Act.

In our view, the vehicle must be registered in the name of the person who is following the business of a travelling showman and where he is the sole user of the vehicle, for the purposes of his business and for no other purpose.

If the owner of the business is a member of the showman's guild does this have any bearing on the situation? In our view, no. Membership of the Guild is accepted to be for exclusively fairground folk - who will also need licences, where the above description does not apply.

Is there any circumstances where this business can be exempt from one or both set of legislation?
Yes (I suppose so) . Where it is clear that both may be applicable

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