Vehicle and Operator Services Agency, R (on the application of) v North Leicester Vehicle Movements Ltd & Anor

Vehicle and Operator Services Agency, R (on the application of) v North Leicester Vehicle Movements Ltd & Anor

The tachograph regulations apply to vehicles of a type capable of being used for the carriage of passengers or goods, regardless of the specific purpose of the journey, subject to defined exemptions. The magistrates were incorrect in law to find otherwise.

Source-derived case information.

Parties
Appellant: Vehicle and Operator Services Agency; 1st Respondent: North Leicester Vehicle Movements Limited; 2nd Respondent: Albert Field
Jurisdiction
England and Wales
Judgment Date
31 October 2003
Procedural Posture
Appeal by Way of Case Stated / Judgment After Substantive Hearing
Outcome
Appeal allowed; no remission to magistrates; proceedings against both respondents not continued
Legal Topics
Tachograph Regulations, Interpretation of EU and UK Transport Legislation, Carriage of Goods by Road, Strict Construction of Criminal Statutes, Purposive Construction of EU Law
Transport Law Administrative Law Criminal Law Tachograph Regulations Interpretation of EU and UK Transport Legislation Carriage of Goods by Road Strict Construction of Criminal Statutes Purposive Construction of EU Law

Source-derived case record

Summary, issues, holding and outcome

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Parties

Vehicle and Operator Services Agency

Appellant

North Leicester Vehicle Movements Limited

1st Respondent

Albert Field

2nd Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a vehicle must have a working tachograph installed when being driven unladen and without a trailer for export under Council Regulation 3821/85 and section 97 of the Transport Act 1968
  2. 2 Interpretation of 'used for the carriage of passengers or goods by road' in the context of tachograph regulations

Ratio Decidendi

The tachograph regulations apply to vehicles of a type capable of being used for the carriage of passengers or goods, regardless of the specific purpose of the journey, subject to defined exemptions. The magistrates were incorrect in law to find otherwise.

Court Disposition

Appeal allowed; no remission to magistrates; proceedings against both respondents not continued

Orders

  • The question posed by the magistrates is answered in the negative; the magistrates were incorrect in law.
  • No order for remission to the magistrates in respect of either respondent.