Just been asked the following question by a non trucknet member:
Is an ‘own account’ operator allowed to pull trailers belonging to a 3rd party - carrying goods the operator has bought but not yet paid for?Â
The goods belong to owner of trailer.
Thanks in advance.
If you mean (for example) a Tesco unit pulling a trailer belonging to Coca-Cola full of Cola destined for Tesco’s then that is own account work and would be fine (I think) as i’m pretty sure Tesco’s will be on credit term’s and not be paying cash on collection.
I could be wrong though.
I’d say he’ll be fine. He can prove in retrospect that there was a transaction, imo.
It doesn’t matter who owns the trailer (so long as it’s not nicked!), an own account operator with a restriced licence can only shift goods that are directly related to his business. He cannot move goods for any other company
coiler:
It doesn’t matter who owns the trailer (so long as it’s not nicked!), an own account operator with a restriced licence can only shift goods that are directly related to his business. He cannot move goods for any other company
But in this case the goods are directly related to the operators business. The operator has bought the goods from a third party, and is using a trailer which does not belong to them (presumably with permission) to move those goods.
The fact that the operator has not yet paid the invoice is neither here nor there, that is a civil matter and nothing to do with the operator licencing regime. So long as there is an intention to complete the transaction to it’s natural conclusion (and buy taking posession of the goods they have already started that process) then the operator is well within the law.
That is covered then, it doesn’t matter whose trailer you are pulling.
To carry your own goods in the course of your trade or business you need a restricted licence. You must not carry goods for other people for hire or reward if you have a restricted licence. If you do, you could be fined and lose your licence.
As already mentioned, it doesn’t matter whether you have bought the goods or not, or whether you are collecting your own empty pallets / stillages for refilling