Recently, we have received several enquiries from people using dual-purpose vehicles and trailers for work purposes.
This blog is designed to help clarify whether your vehicle setup may fall within the scope of Operator Licence requirements and drivers’ hours rules.
In particular, we will look at two common questions:
- Do I need to comply with Operator Licence requirements?
- Do I need to comply with drivers’ hours rules?
If you operate a vehicle, or a vehicle and trailer combination, with a gross weight exceeding 3,500kg, you may fall within the scope of these regulations. This means you could be required to comply with both Operator Licence rules and drivers’ hours requirements, unless a specific exemption applies.
This is especially important for businesses using vans, 4x4s, pickups, or dual-purpose vehicles with trailers for commercial work. Even if the vehicle itself appears small or is only used occasionally, the combined weight can bring it into regulatory scope.
Operator Licence Requirements
You may be exempt from Operator Licensing if you run a dual-purpose vehicle and trailer combination. However, it is important to understand what legally counts as a dual-purpose vehicle.
What Is a Dual-Purpose Vehicle?
The legal definition is set out in Regulation 3 of the Road Vehicles Construction and Use Regulations 1986. A dual-purpose vehicle is defined as:
“A vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kg”
The regulation then explains that the vehicle must either be capable of transmitting power to all wheels, or meet specific construction requirements relating to seating, roof structure, windows, and passenger space.
Main Criteria for a Dual-Purpose Vehicle
In simple terms, the main points of the regulation are that the vehicle must have:
- four-wheel drive
- an unladen weight of less than 2040kg
- a row of forward-facing seats for at least two passengers
The unladen weight refers to the dry weight of the vehicle. This means it does not include diesel, AdBlue, coolant, the spare wheel, or associated tools.
If the vehicle does not meet the required criteria, it may not qualify as a dual-purpose vehicle for exemption purposes.
Small Trailer Exemption
Another exemption that may apply is commonly referred to as the small trailer exemption. This applies where the vehicle and trailer combination is being used for what would normally fall under restricted use. Traditionally, restricted use applies where an operator only carries goods that are, or become and then remain, the operator’s own property. In this case, a restricted licence is likely to be appropriate.
Public Inquiry Example: N Bramell & Sons Ltd
A recent Public Inquiry highlights why each case must be considered carefully. In the case of N Bramell & Sons Ltd, the operator was transporting animal carcasses and selling them to customers. Although there was no direct charge for transport, the Traffic Commissioner decided that the transportation costs were included within the selling price.
As a result, the Traffic Commissioner determined that the operator required a standard national licence.
This shows that each case is judged on its own merits, and the way the goods are transported and charged for can affect whether an Operator Licence is required.
What Counts as a Small Trailer?
A small trailer is a trailer with an unladen weight of less than 1020kg. This usually equates to a gross weight of 3500kg.
These trailers do not normally need a VTG 6/7 ministry plate. Plated trailers tend to be semi-trailers and drawbar trailers.
If your dual-purpose vehicle meets the required criteria, you may not need an Operator’s Licence. However, this does not automatically mean you are exempt from drivers’ hours rules.
Drivers’ Hours Rules
The driver of a vehicle exceeding 3500kg, or a vehicle and trailer combination with a combined weight exceeding 3500kg GTW, may need to comply with drivers’ hours rules if the vehicle is being used as part of a commercial undertaking.
However, exemptions may apply depending on how the vehicle is being used.
Tools of the Trade Exemption
One possible derogation is commonly referred to as the tools of the trade exemption. This may apply to a vehicle, or combination of vehicles, with a GVW of less than 7500kg, where the vehicle is carrying tools and equipment in the course of the driver’s work.
To claim this exemption, the journey must usually be within a 100km radius of the driver’s base, and driving must not be the driver’s main occupation.
Important Caveat for This Exemption
The key point is that the driver must actually use the tools and equipment as part of their own work.
The exemption is not intended for situations where the driver is simply delivering tools or equipment for someone else to use.
If the driver can claim this exemption, they would usually come under the Transport Act 1968 and may still need to keep certain records.
Final Thoughts
A dual-purpose vehicle and trailer may be exempt from Operator Licensing if the correct criteria are met. However, drivers’ hours rules may still apply, especially where the vehicle or vehicle and trailer combination exceeds 3500kg GTW and is being used for commercial purposes. Because exemptions depend on the vehicle, the trailer, the goods being carried, and how the vehicle is used, each case should be considered carefully.
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