Will I Need an Operator’s Licence for my Van? | Smith Bowyer Clarke

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Will I Need an Operator’s Licence for my Van?

The general rule has been that goods vehicles below 3.5 tonnes do not need an operator’s licence but that is likely to change in May of 2022 as a result of the Trade and Cooperation Agreement between the UK and EU following Brexit.

The rules have not been set in stone as of yet but the thrust of Annex 31 suggests that the following is likely to be covered:

  • Goods vehicles between 2.5 and 3.5 tonnes
  • Being used to transport goods for hire and reward (Not own account).
  • Being used to transport goods in and E U state (Not Great Britain or Northern Ireland)

It seems that the agreement will require levels of financial standing considerably lower than those required for vehicles over 3.5 tonnes. The figures quoted in Article 7 of Annex 31 suggest £1,600.00 for the first vehicle and £800.00 for each subsequent vehicle.

It will be interesting to see whether the provisions covering Good Repute will cover those who only operate sub 3.5 tonne vehicles – from an initial reading it looks as though they will which will be a poor outlook for rogues who operate a fleet of vans doing international work!

Will you need a Transport Manager for a van only business? This seems very likely as Annex 31, Article 9 makes provision for the granting of “Grandfather Rights” for transport managers of sub 3.5 tonne vehicle operators.

It rather looks as though the intention is that, for European work, the van operator will have to comply with a host more regulations than they are currently used to.

SBC lawyers have a wealth of experience in Operator Licensing and should you have any worries feel free to call us to discuss them.

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