Operators licence, can anyone help please?

Good evening gentlemen (and ladies)

I’ve been watching the forum intently for the last few months with interest.

Currently I have a 7.5t Merc 814 horse lorry for my horses. We use the Merc for taking the horses to shows, collecting feed and bedding and delivering horses if and when(!) people buy them. Had a bit of a panic this weekend when a friend mentioned operators licences…

So, we move our own horses around the UK and Europe as part of our small equine stud. Not for hire and reward, just delivering sold animals and collecting feedstuff. Again, feedstuff not for resale, our own use.

Do we need an Operator Licence?

I’m not sure, looking at the VOSA website, seems I do, but a colleague reckons as it’s for our own horses, i.e. not for hire or reward, I don’t.

Can anyone help please?

Many thanks

Paul

I’m guessing that your answer will fall into this similar thread unless I’m mistaken:

viewtopic.php?f=4&t=54809

Ken.

sonflowerinwales:
for our own horses, i.e. not for hire or reward, I don’t.

If they’re ones you’ve sold and are delivering them then they aren’t yours.

mrpj:

sonflowerinwales:
for our own horses, i.e. not for hire or reward, I don’t.

If they’re ones you’ve sold and are delivering them then they aren’t yours.

i suppose that would come down to when the buyer actually pays for them, if he pays CoD, then they are the property of the OP until he has delivered them

Thanks Quinny
I had read this post and was still not sure. Our horsey business is a very low key, with zero profit!!! More of an expensive hobby. The lorry is only used once a fortnight.
I’m sure the local farmers here in Wales don’t have “O” licences…
Regards
Paul

sonflowerinwales:
Thanks Quinny
I had read this post and was still not sure. Our horsey business is a very low key, with zero profit!!! More of an expensive hobby. The lorry is only used once a fortnight.
I’m sure the local farmers here in Wales don’t have “O” licences…
Regards
Paul

you will be telling us they run on red diesel next :wink: :laughing:

Shuttlespannker
I’m sure we can word the sales agreement that the transfer of ownership is at the point of delivery.
I’d be happy running with as a private LGV for collection feed, but could that still be construed as part of the business?
Regards
Paul

chaversdad:

sonflowerinwales:
Thanks Quinny
I had read this post and was still not sure. Our horsey business is a very low key, with zero profit!!! More of an expensive hobby. The lorry is only used once a fortnight.
I’m sure the local farmers here in Wales don’t have “O” licences…
Regards
Paul

you will be telling us they run on red diesel next :wink: :laughing:

I wish…

The local Customs and Excise are s**t hot on this. On local sales days they set up camp in the local parking area and pull almost any animal carrier over. Cause total chaos.

A friend got pulled in a tractor once and was asked to prove why he was on the road using red.

But not the cars… :wink:

Paul

You do need an Operator’s Licence, a restricted one which is used not for hire and reward. You will then also need to have a maintenance contract whereby the vehicle is inspected regularly over set periods of time which as you are not using the vehicle that much could be every 2 or 3 months, whatever you can get away with, ask them when you apply just don’t tell them you are already using it or you will be lynched.

You need to keep maintenance records for 2 or 3 years. You also need to use and keep tachograph charts for a period of 12 months and obey all the driver’s hours rules. You need to change the mode switch on the tachograph to show breaks and other work when you are not driving.

transportoffice.gov.uk/crt/r … Europe.pdf

They can impound your vehicle if you are caught without an Operator’s Licence.

sonflowerinwales:
Thanks Quinny
I had read this post and was still not sure. Our horsey business is a very low key, with zero profit!!! More of an expensive hobby. The lorry is only used once a fortnight.
I’m sure the local farmers here in Wales don’t have “O” licences…
Regards
Paul

but as a business ( however profitable) you still should have a restricted licence.

Hi Paul,
basically what the guys have said is accurate, you will need a restricted licence as you are carrying “own goods” for hire and reward, you can only extend maintenance periods to a maximum of 12 weeks, you will need forward planning for the maintenance, a contract unless you intend to do it yourself and then you will need to prove you have the facilities to carry out the periodic maintenance inspections. You will also need a defect reporting system and keep drivers hours records. The drivers hours records need to be kept for 12 months and the maintenance records for 15 months. When or if you apply you will need to be able to prove the financial standing and meet the conditions for an operating centre, but as you are applying for a restricted licence you will not require a cpc holder. Let me know if I can be of any assistance.

Well, decision decided.
After discussing with my wife, we have decided to stay on the correct side of the law. It’s going to cost us around £700 to get a restricted licence, but for peace of mind…
Just have to use it more than once a week to get my moneys worth!
Thanks for all your advice, of to do some form filling.
Paul

Glad we could be of help. It is best to do things properly, not worth the worry.

I think that is the right decision. As others have already said, even if you’re moving your own stuff then as it’s a business you need an O-Licence to stay legal. Sadly that also means worrying about things like maintenance agreements, drivers hours rules, and the almost inevitable tacho inspections, but that’s life :frowning:

Paul

repton:
I think that is the right decision. As others have already said, even if you’re moving your own stuff then as it’s a business you need an O-Licence to stay legal. Sadly that also means worrying about things like maintenance agreements, drivers hours rules, and the almost inevitable tacho inspections, but that’s life :frowning:

Paul

The second heading in this link makes good reading if anyone is thinking about making the rules flexible.

roadtransport.com/RoadLegal/ … owers.html