Cant see a problem with that.
well that told vosa,i bet they were really ■■■■■■ at that desison. 
i wouldnt be surprised if they appeal it
One of my bike riding mates is a Barrister & can be a very interesting chat when we pull up for a cup of tea.
VOSA ‘might’ have picked on this one to prosecute so the law courts can clarify what is a very grey area.
VOSA sometimes have a hard job in trying to translate the various legacy laws surrounding showmans & other exempt vehicles into the real world scenario’s.
It might be that they’re actually being sensible in taking a test case to court & letting the court decide !
When I worked on recovery, I practically begged a senior VOSA official to nick me for transporting seized vehicles on recovery exemptions. There are lots of confusing rules & reg’s out there that need sorting out.
scotstrucker:
i wouldnt be surprised if they appeal it
if you had read it they already did appeal and lost that too
green456:
scotstrucker:
i wouldnt be surprised if they appeal itif you had read it they already did appeal and lost that too
not stated in that link is that vosa applied to the supreme court, it got chucked out 
During my time at Concord Road Shows we followed all the laws to the dot (except the fact that on some jobes we worked round the cloack to errect or dismanlte a show or exhibition to move on ). I was once pulled in by the ministry on the M4 near Bristol but even though everything was in order the guy didn’t care. As my truck was oficially an exhibition vehicle he told me I was exempt for the rules anyway and he wasn’t interested in seeing my tacho either because in his eye’s I need not use one and the fact that the Scania rigid when hooked to the exhibition trailer was about 4 feet over 60 feet long didn’t worry him either. 
Chas:
One of my bike riding mates is a Barrister & can be a very interesting chat when we pull up for a cup of tea.VOSA ‘might’ have picked on this one to prosecute so the law courts can clarify what is a very grey area.
VOSA sometimes have a hard job in trying to translate the various legacy laws surrounding showmans & other exempt vehicles into the real world scenario’s.
It might be that they’re actually being sensible in taking a test case to court & letting the court decide !
When I worked on recovery, I practically begged a senior VOSA official to nick me for transporting seized vehicles on recovery exemptions. There are lots of confusing rules & reg’s out there that need sorting out.
Showman probably failed the attitude test. VOSA guy ended up with egg on his face.
Win win.
I dare say the Showman’s got more money than cash strapped VOSA!!
Good on him I say!!
Bet anyone who has gone to the expense of O licensing their exhibition fleet won’t be best pleased with that decision.
Chas:
One of my bike riding mates is a Barrister & can be a very interesting chat when we pull up for a cup of tea.VOSA ‘might’ have picked on this one to prosecute so the law courts can clarify what is a very grey area.
VOSA sometimes have a hard job in trying to translate the various legacy laws surrounding showmans & other exempt vehicles into the real world scenario’s.
It might be that they’re actually being sensible in taking a test case to court & letting the court decide !
When I worked on recovery, I practically begged a senior VOSA official to nick me for transporting seized vehicles on recovery exemptions. There are lots of confusing rules & reg’s out there that need sorting out.
every part of law needs sorting
olds’kool:
I dare say the Showman’s got more money than cash strapped VOSA!!
Good on him I say!!
represented him self, and after this summer i doubt it
I believe we have already done this one before 
dft.gov.uk/vosa/repository/0 … railer.pdf
viewtopic.php?f=7&t=71835#p916480
In this case I think VOSA are correct and the courts have all got it wrong, but if the case has set a legal precedent, then the man who was caught carrying portable toilets for a show must have his case overturned.
The Burger vans are not a permanent fixture on the trailer and neither are the toilets.
The exemptions are interpreted quite narrowly and for example, where a showman hired out a tent and electrical generators to be used other than at a fair, it was held that such use was not wholly for the business of a travelling showman and the particular showman was convicted of using a vehicle without an Operator’s Licence. Similarly, a company which specialised in providing portable toilets for travelling showmen was held not to be itself a travelling showman. In that case the vehicle operator was convicted of using a vehicle without an Operator’s Licence and also for under payment of Vehicle Excise Duty
Under s62 of the Act, Showmen’s Vehicles are divided into the following classes; Showman’s Goods Vehicle which: (a) Is a goods vehicle; and (b) Is permanently fitted with a living van or some other special type of body or superstructure forming part of the equipment of the show of the person in whose name the vehicle is registered under the Act. Showman’s Vehicle which is: (a) Registered under the Act in the name of the person following the business of a travelling showman; and (b) Used solely by him for the purposes of his business and for no other purpose
I believe VOSA are correct and have implemented s62 part b of the transport act. I also read the information from the Showmans Guild to say exactly that and the Road Tax exemption is invariably linked with the necessity to hold an operators licence or not.
Otherwise I think I could have an 18 tonner loaded with goldfish and brandy snap and tell the VOSA that I am a showman providing I can find some family links to the travelling community and blag my way into the guild 