Cleansing Service Group Ltd v Vehicle and Operator Services Agency

Cleansing Service Group Ltd v Vehicle and Operator Services Agency

The exemption in Schedule 3 Part II paragraph 2 does not apply unless there is a contractual relationship between the contractor and the occupier of the farm. The appellant was not employed by the occupier of the farm but by Wessex Water, so the exemption did not apply.

Parties
Claimant: Cleansing Service Group Limited; Defendant: Vehicle and Operator Services Agency
Jurisdiction
England and Wales
Judgment Date
14 March 2006
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Operator's Licence Exemption, Interpretation of 'keeper', Contractual Relationship Requirement
Transport Law Criminal Law Operator's Licence Exemption Interpretation of 'keeper' Contractual Relationship Requirement

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Parties

Cleansing Service Group Limited

Claimant

Vehicle and Operator Services Agency

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the exemption in Schedule 3 Part II paragraph 2 of the Goods Vehicles (Licensing of Operators) Regulations 1995 applies to the appellant's use of the vehicle
  2. 2 Meaning of 'keeper' in the context of the exemption
  3. 3 Whether a direct contractual relationship is required between the occupier of the farm and the contractor

Ratio Decidendi

The exemption in Schedule 3 Part II paragraph 2 does not apply unless there is a contractual relationship between the contractor and the occupier of the farm. The appellant was not employed by the occupier of the farm but by Wessex Water, so the exemption did not apply.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay respondent's costs of the appeal