Companion Website

Police Law 11th Edition

13. Goods Vehicles

Chapter 13

Identity discs p 548

A goods vehicle operator's licence is issued subject to conditions prescribed by the Goods Vehicles (Licensing of Operators) Act 1995, ss 21-23, the most important being those limiting the number, type and size of authorised vehicles which may at any one time be at the operating centre of the holder of the licence for the purpose of maintenance and parking. Sections 5 and 6 of the 1995 Act require that the licence specify the registration numbers of the vehicles which are authorised to be used under the licence and the maximum number of trailers which may be so used. Section s 5(6) provides that a motor vehicle which is not specified in an operator's licence is not authorised to be used under that licence on or after the relevant day unless the licence-holder has notified the traffic commissioner and has paid the prescribed fee. The 'relevant day', as amended by the Local Transport Act 2008 (LTA 2008), s 125, is the latest of the day:

1. on which the vehicle was first in the lawful possession of the licence holder;
2. the day on which the licence came into force;
3. if a day not more than one month after the later of those days is prescribed for the purpose, the day so prescribed.

The LTA 2008, s 126 amends the GV(LO) A 1995, Sch 1A to permit the making of regulations to provide for the return of a goods vehicle, which has been detained in consequence of suspected use without an operator's licence, to be returned to the owner without following the existing application procedure.

Vehicle examiner's powers to issue fixed penalty notices p 549

The Fixed Penalty (Procedure) (Vehicle Examiners) Regulations 2009 prescribe information to be included in a fixed penalty notice where it is given by a vehicle examiner under the RTOA 1988, s 54 and the procedure in respect of driving licences and registration certificates (issued by the designated officer of the court informing the Secretary of State that the sum has been registered) in the case of non-payment of a fixed penalty.

A vehicle examiner may issue a prohibition notice upon the driving of a goods vehicle on a road and where this has been done, it is an offence against the RTOA 1988, s 90D to so drive, or cause or permit such driving, or to fail to comply within a reasonable time with a direction to remove the vehicle to a specified place and subject to conditions imposed.

Seizure of vehicle and load where the vehicle is used without an operator’s licence p 550

The Goods Vehicles (Enforcement Powers) Regulations 2001 have been amended by the Goods Vehicles (Enforcement Powers) (Amendment) Regulations 2009, SI 2009/1965.

After the second sentence of para 2 substitute the following information.

By reg 4, a vehicle must be returned when it transpires

1. that, at the time that the vehicle was being used, the person using it had an operators’ licence (whether or not it authorised the use of the vehicle concerned);
2. that, at the time of the detention of the vehicle, it was not, and had not been, used in contravention of GV(LO)A 1995, s 2;
3. that, although at the time that the vehicle was detained it was being, or had been, used in contravention of s 2 the owner did not know that it was being, or had been, so used; or
4. that although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of s 2, the owner had taken steps with a view to preventing that use and had taken steps to prevent its further such use.

The Regulations are amended to provide that an immobilisation notice must provide information as to where the authorised person can be contacted and to provide information as to the procedure to be followed to obtain the release of the vehicle.

PROHIBITION ON DRIVING: IMMOBILISATION, REMOVAL AND DISPOSAL OF VEHICLES

RSA 2006, s 12 and Sch 4 amended TA 1968, s 99A (power to prohibit driving of vehicles where breach of provision about drivers' hours, RT (Foreign Vehicles) Act 1972, s 3 (power to prohibit driving of foreign vehicles: enforcement provisions), RTA 1988 s 73 (powers to prohibit driving in respect of unfit or overloaded vehicles) and RTOA 1988, s 90D (powers to prohibit driving of vehicle on failure to comply with financial penalty deposit requirement) to provide for the immobilisation of prohibited vehicles and their removal and disposal. The Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009, SI 2009/493 apply to a vehicle which has been prohibited from being driven in connection with a contravention of drivers' hours rules; under powers to prohibit the driving of foreign goods vehicles and foreign public service vehicles; under powers to prohibit the driving of unfit or overloaded vehicles; or under powers to prohibit the driving of vehicles on failure to make payment in compliance with a financial penalty deposit requirement. The Regulations do not apply to vehicle displaying a current disabled person's badge.

Under the Regulations an authorised person or person acting under his direction may fix an immobilisation device, or may remove the vehicle or require it to be moved for the purpose of fixing the device. A notice must be fixed to the vehicle and must include steps to be taken to secure the release of the vehicle. A release fee of £ 80 will be required. The Regulations create offences of:

1. failing to comply within a reasonable time with a direction to move, or direct the removal of a vehicle, in order to fit an immobilisation device (reg 5);
2. removing or interfering with an immobilisation notice (reg 6);
3. removing or interfering with an immobilisation device (reg 7);
4. making a false or misleading statement in order to secure the release of a vehicle (reg 8);
5. failing to comply with a direction to remove a vehicle for safety reasons specified in reg 9(1) or to deliver the vehicle into custody as required by reg 10(1), (reg 16); and
6. where false or misleading statements have been made to secure possession of a vehicle in custody (reg 17).