Vehicle & Operator Services Agency v Hobbs

Vehicle & Operator Services Agency v Hobbs

The magistrates were entitled to find, on the facts, that the dumper truck was a farming implement as it was used for farming purposes and was being moved between farms for such use. The activities for which it was used, including resurfacing farm tracks and excavating drainage ditches, are farming activities. The appeal is dismissed.

Parties
Claimant: Vehicle and Operator Services Agency; Defendant: Hobbs
Jurisdiction
England and Wales
Judgment Date
04 February 2010
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Operator's Licence Exemption, Definition of Farming Implement, Use of Agricultural Vehicles on Road
Criminal Law Transport Law Operator's Licence Exemption Definition of Farming Implement Use of Agricultural Vehicles on Road

Case Brief

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Parties

Vehicle and Operator Services Agency

Claimant

Hobbs

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether the dumper truck qualifies as a 'farming implement' under the Goods Vehicles (Licensing of Operators) Act 1995 Schedule 2 exception
  2. 2 Whether the magistrates applied the correct legal test for 'farming implement'
  3. 3 Whether resurfacing farm tracks constitutes farming

Ratio Decidendi

The magistrates were entitled to find, on the facts, that the dumper truck was a farming implement as it was used for farming purposes and was being moved between farms for such use. The activities for which it was used, including resurfacing farm tracks and excavating drainage ditches, are farming activities. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order for costs to Mr Hobbs from central funds