Vehicle & Operator Services Agency v Clayton

Vehicle & Operator Services Agency v Clayton

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

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 / Judgment
Outcome
appeal allowed
Legal Topics
Operator's Licence Exemption, Interpretation of Statutory Exemptions, Use of Goods Vehicles for Funerals
Transport Law Administrative Law Operator's Licence Exemption Interpretation of Statutory Exemptions Use of Goods Vehicles for Funerals

Case Brief

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Parties

Vehicle and Operator Services Agency

Claimant

John Roger Clayton

Defendant

Procedural Posture

Appeal by Case Stated / Judgment

Legal Issues

  1. 1 Whether a vehicle used solely to carry a hearse carriage and horses to be used in a funeral procession is 'a vehicle which is being used for funerals' within the meaning of the exemption in schedule 3, paragraph 5 of the Goods Vehicle (Licencing 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, of itself, 'a vehicle which is being used for funerals' within the meaning of the exemption in schedule 3, paragraph 5 of the Goods Vehicle (Licencing of Operators) Regulations 1995. The use of the vehicle to transport the hearse and horses to the location of the funeral is too remote from the funeral itself to qualify for the exemption.

Court Disposition

appeal allowed

Orders

  • The question posed by the magistrates is answered 'no'.
  • No order for costs.