Can a commercial goods vehicle operator avoid being prosecuted for not having an operator licence because the driver is neither his employee nor agent? Anthony Ostrin and Lynne Townley report

Those of us who practice road transport enforcement law are involved frequently in cases where an individual is operating a goods vehicle commercially, but does not hold an operators’ licence authorising him to do so.

Statutory provisions

Under s 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (the Act), the use of a goods vehicle on a road for the carriage of goods for hire or reward or for, or in connection with, any trade or business carried on by him, save under a licence issued pursuant to the Act is prohibited. Section 58(2) of the Act provides, inter alia, that the user of the vehicle shall be deemed to be the person of whom the driver is the servant or agent. Considerable sanctions a...

Jean Yves

IICJ

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