Driver And Vehicle Standards Agency v Rowe [2017] EWHC 608 (Admin) (30 March 2017)

Driver And Vehicle Standards Agency v Rowe [2017] EWHC 608 (Admin) (30 March 2017)

The statutory exemption for a 'showman's goods vehicle' under section 62 of the Vehicle Excise and Registration Act 1994 does not require that the special type of body or superstructure be externally visible; substantial and permanent internal modifications (such as a fixed generator forming part of the equipment of the show) can suffice. The Deputy District Judge was correct in law to find that internal adaptation may meet the exemption criteria.

Citation
[2017] EWHC 608 (Admin)
Parties
Claimant: Driver and Vehicle Standards Agency; Defendant: Mark John Rowe
Jurisdiction
England and Wales
Judgment Date
30 March 2017
Procedural Posture
Appeal by Way of Case Stated / High Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed on the operator's licence issue; Deputy District Judge's decision upheld. No conclusive determination on the tachograph exemption due to insufficient factual and legal material.
Legal Topics
Operator's Licence Exemption, Tachograph Exemption, Statutory Interpretation, Showman's Goods Vehicle, Vehicle Adaptation, EU Transport Regulations
Administrative Law Transport Law Criminal Law Operator's Licence Exemption Tachograph Exemption Statutory Interpretation Showman's Goods Vehicle Vehicle Adaptation +1 more

Case Brief

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Parties

Driver and Vehicle Standards Agency

Claimant

Mark John Rowe

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether internal modifications (permanent generator) to a lorry qualify as 'some other special type of body or superstructure forming part of the equipment of the show' under section 62 of the Vehicle Excise and Registration Act 1994, exempting the vehicle from operator's licence and tachograph requirements.
  2. 2 Whether the exemption for 'specialised vehicles transporting circus and funfair equipment' under Article 13 of EC Regulation 561/2006 applies to the defendant's vehicle.

Ratio Decidendi

The statutory exemption for a 'showman's goods vehicle' under section 62 of the Vehicle Excise and Registration Act 1994 does not require that the special type of body or superstructure be externally visible; substantial and permanent internal modifications (such as a fixed generator forming part of the equipment of the show) can suffice. The Deputy District Judge was correct in law to find that internal adaptation may meet the exemption criteria.

Court Disposition

Appeal dismissed on the operator's licence issue; Deputy District Judge's decision upheld. No conclusive determination on the tachograph exemption due to insufficient factual and legal material.

Orders

  • The Deputy District Judge was correct to find that internal modifications can constitute a special type of body or superstructure for the purposes of the exemption.
  • No order for remittal; guidance provided for future cases.