Vehicle & Operator Services Agency v Clayton [2010] EWHC 289 (Admin) (19 January 2010)

Vehicle & Operator Services Agency v Clayton [2010] EWHC 289 (Admin) (19 January 2010)

A vehicle used solely to carry a hearse carriage and horses to be used in a funeral procession is not, by that fact alone, 'a vehicle which is being used for funerals' within the meaning of schedule 3(5) of the Goods Vehicle (Licensing of Operators) Regulations 1995. The use of the lorry to transport the hearse and horses to the funeral location is too remote from the funeral itself to qualify for the exemption.

Citation
[2010] EWHC 289 (Admin)
Parties
Claimant: Vehicle and Operator Services Agency; Defendant: John Roger Clayton
Jurisdiction
England and Wales
Judgment Date
19 January 2010
Procedural Posture
Appeal by Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal allowed; magistrates' decision reversed; exemption not applicable
Legal Topics
Operator's Licence Exemption, Interpretation of 'used for Funerals', Goods Vehicles (licensing of Operators) Act 1995, Goods Vehicles (licensing of Operators) Regulations 1995
Administrative Law Transport Law Operator's Licence Exemption Interpretation of 'used for Funerals' Goods Vehicles (licensing of Operators) Act 1995 Goods Vehicles (licensing of Operators) Regulations 1995

Case Brief

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Parties

Vehicle and Operator Services Agency

Claimant

John Roger Clayton

Defendant

Procedural Posture

Appeal by Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether a vehicle used solely to carry a hearse carriage and horses to be used in a funeral procession qualifies as 'a vehicle which is being used for funerals' under schedule 3(5) of the Goods Vehicle (Licensing of Operators) Regulations 1995

Ratio Decidendi

A vehicle used solely to carry a hearse carriage and horses to be used in a funeral procession is not, by that fact alone, 'a vehicle which is being used for funerals' within the meaning of schedule 3(5) of the Goods Vehicle (Licensing of Operators) Regulations 1995. The use of the lorry to transport the hearse and horses to the funeral location is too remote from the funeral itself to qualify for the exemption.

Court Disposition

Appeal allowed; magistrates' decision reversed; exemption not applicable

Orders

  • Question posed by the justices answered in the negative; no further order; no order as to costs