from the Office of the TRUGoods Vehicle Operator LicensingQuestions AnsweredDonald ArmstrongHead of the TransportRegulation Unit34The go-live date of 1st July for the new Operator Licensinglegislation is only weeks away and the Transport RegulationUnit held Industry Open Days in March to give operators theopportunity to meet officials and discuss the impact of the new operatorlicensing legislation on their businesses. Over 2,000 operators attendedthe events in Armagh, Omagh, Coleraine and Newtownabbey.It became clear from the questions raised at the events that there is aneed to clarify the position regarding what does or does not come withinthe scope of the new legislation. The following questions are typical ofwhat was being asked and the answers are set out to bring clarity to theminds of operators, vehicle hire companies, maintenance providers, etc.Who needs an Operator’s Licence?The Act states a person shall not use a goods vehicle on the road for thecarriage of goods for hire or reward or in connection with any trade orbusiness carried on by that person, except under a licence under the Act.There are exemptions from this requirement, but in general termsanyone using a vehicle, or combination of vehicle and trailer, with agross plated weight of more than 3,500kgs requires an operator’s licenceif they are carrying goods for hire or reward. If they are carrying theirown goods as part of their trade or business the weight requirement isbased only on the vehicle itself and does not include the trailer weight.A list of exemptions is available for certain vehicles and functions andthese can be viewed on the Transport Regulation Unit website. Theexemptions regulations are still in draft stage and subject to approvalof the Northern Ireland Assembly before coming into effect.What type of licence?Perhaps even more difficult to determine than whether or not alicence is needed is the question of what type of licence is required.There are three types of licence:A Restricted Licence for those who wish only to carrytheir own goods as part of their trade or business;A Standard Licence for those who carry their own goods ormaterials in connection with a trade or business and/or carry goodsfor hire or reward. This licence covers all transport operationsin the UK. A Transport Manager CPC qualification is requiredto be held by somebody in or employed by the company.Standard (International) Licence – same as above exceptthis licence covers transport operations throughout Europe.A Transport Manager CPC qualification is required to beheld by somebody in or employed by the company.The key question an operator needs to ask when deciding whichlicence he needs is “who owns the goods?” A restricted licencecovers the carriage of the operator’s own goods only.I only operate vehicles once a week and coverlittle mileage. Do I still need a licence?There is no concession for low mileage. If a vehicle over 3500kg isused on the public road to carry goods as part of a tradeor business it must be covered by an operator’s licence.I operate recovery vehicles. Do Irequire an operator’s licence?There is an exemption for recovery vehicles to lift, tow ortransport a disabled vehicle in certain circumstances. Thisdoes not extend to vehicles that are purposely disabled orto the transport of vehicles generally between premises.What are the requirements for companieshiring out trucks and trailers?The legislation applies to all companies who use vehicles over3500kg to carry goods as part of a business or trade. Rentalcompanies would need an operator’s licence if they transporttheir own goods. Additionally, as one of the new powers underthe legislation enables the TRU to impound vehicles whichare not covered by an operator’s licence, rental companies may wishto ensure that customers have an operator’s licence before hiring.Do I need a 6 weekly maintenanceinspection and brake test?The frequency of maintenance inspections depends on the typesof load and the distance travelled per year. The Departmentrecommends that the frequency should be between every 4 and13 weeks depending on use. While the onus is on the operator toensure that the vehicle is roadworthy and the brakes are in order, thelegislation does not require any specific equipment to be used.How do I get a restricted licence?In June existing own account businesses will receive a letterfrom TRU enclosing an application form for an operator’slicence and guidance on how to complete the form. Thecompleted form and application fee will need to be returnedto TRU within the fixed timeframe set out in the letter.Once the completed application is received, a permit will beissued which will be treated as if it was a licence and it willrequire the operator to comply with the list of undertakingssigned up to in the licence application formOperators who do not apply for a licence within the allotted time framewill be required to make a full application for an operator’s licence andmeet all the standards in full from the outset. In practice this meansapplicants will have to satisfy standards of fitness/good repute, financialstanding and establishment as well as advertising their operatingcentres and meeting environmental standards for those centres.I operate a skip hire business –which licence do I need?If the material being collected is the property of the skip hirecompany itself, a restricted licence would suffice. If, however, thematerial is being lifted and transported for another company i.e.the purchaser of waste, then a standard licence is required.I am a maintenance provider. I collect the customer’svehicle, carry out maintenance work on it, take it totest and transport it back. What licence do I need?If a maintenance company transports someone else’s vehicle to and froma place where it is to be worked on, a standard licence is required.If I carry goods into the Republic ofIreland, what licence do I need?If carrying own goods as part of a trade or business then arestricted licence is needed for Northern Ireland, but no licenceis required for the Republic Of Ireland. If carrying goods for hireor reward, a standard International licence is needed for journeysto other EU Member States including the Republic of Ireland.Donald Armstrong Soapbox 1pg.indd 34 09/05/2012 12:02
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