Compliance News

There has recently been confusion amongst some of our clients, with regards to productions hiring in vehicles directly from hire companies and being unaware that they may be doing so illegally without an Operator’s Licence. To try and better understand the requirements Facilities By ADF have put together the below as we would not like to see any of our clients to unwillingly operate against compliance legislation and facing prosecution.

Do I Need an Operator’s License?

You need an operator’s licence to operate vehicles above 3.5 tonnes gross vehicle weight (GVW) that are used to carry goods (i.e. anything not permanently attached to the vehicle) on public roads for trade or business purposes. This includes short-term rental vehicles hired for as little as one day. Operator Licence Awareness Training will help you understand all the regulations involved and how to implement them directly on a day-to-day basis.

The operator’s licence must be held by the person – whether an individual or a company – who ‘uses’ the vehicle and this may or may not be the owner of the vehicle.

The user of the vehicle can be:

  • The driver, if they own it or if they are leasing, buying on hire purchase terms, hiring or borrowing the vehicle (e.g. a typical owner-driver operation)
  • The person whose servant or agent the driver is – i.e. whoever employs or controls the driver
  • This covers both ‘own account’ and ‘hire or reward’ operations.

Additionally, under operator’s licence legislation all holders of standard National Operator Licences must be professionally competent or employ someone who is professionally competent. The most popular method of demonstrating this is to hold a National Certificate of Professional Competence.

Further information and clarification can be found at the following:

https://www.gov.uk/government/organisations/vehicle-and-operator-services-agency

https://www.gov.uk/government/organisations/department-for-transport

Facilities By ADF is committed to compliance and we’re more than happy to help and assist our customers in this complex area. If you require any further information or have any questions then please feel free to contact one of our Transport Managers below:

James McDonald International Transport Manager T: +44 (0)1656 725560 | +44 (0)7788 314667 E: james@facilitiesbyadf.com

Paul Rogers Transport Manager  T: +44 (0)1420 571180 |+44 (0)7554 422941 E: paul.rogers@facilitiesbyadf.com