Driver And Vehicle Standards Agency v Rowe

Driver And Vehicle Standards Agency v Rowe

A vehicle permanently fitted with a substantial generator inside, forming part of the equipment of the show, can qualify as a 'showman’s goods vehicle' under section 62 of the Vehicle Excise and Registration Act 1994, even if the adaptation is not externally visible. The statutory language does not require the special body or superstructure to be apparent from the outside; internal alterations may suffice if they are permanent and substantial.

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
Outcome
Appeal dismissed on the operator’s licence issue; guidance given on the tachograph exemption issue.
Legal Topics
Operator’s Licence Exemption, Tachograph Requirements, Showman’s Goods Vehicle Definition, Statutory Construction
Transport Law Administrative Law Statutory Interpretation Operator’s Licence Exemption Tachograph Requirements Showman’s Goods Vehicle Definition Statutory Construction

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

Legal Issues

  1. 1 Whether a vehicle permanently fitted with a generator inside qualifies as 'a goods vehicle permanently fitted with 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
  2. 2 Whether the exemption from tachograph requirements under Article 13 of EC Regulation 561/2006 applies in these circumstances

Ratio Decidendi

A vehicle permanently fitted with a substantial generator inside, forming part of the equipment of the show, can qualify as a 'showman’s goods vehicle' under section 62 of the Vehicle Excise and Registration Act 1994, even if the adaptation is not externally visible. The statutory language does not require the special body or superstructure to be apparent from the outside; internal alterations may suffice if they are permanent and substantial.

Court Disposition

Appeal dismissed on the operator’s licence issue; guidance given on the tachograph exemption issue.

Orders

  • The Deputy District Judge was correct in law to find that the special type of body or superstructure need not be externally visible and can comprise internal alterations.
  • No order made on the tachograph exemption issue; guidance provided for future cases.