Vehicle & Operator Services Agency, R (on the application of) v Kayes [2012] EWHC 1498 (Admin) (18 May 2012)

Vehicle & Operator Services Agency, R (on the application of) v Kayes [2012] EWHC 1498 (Admin) (18 May 2012)

Refreshment kiosks, when used as part of a showman's business and transported in a vehicle purpose-built for that use, constitute 'equipment of the show' within the meaning of section 62 of the Vehicle Excise and Registration Act 1994. Therefore, the respondent's vehicle qualifies for the showman's exemption from licensing, testing, and tachograph requirements.

Citation
[2012] EWHC 1498 (Admin)
Parties
Claimant: Vehicle & Operator Services Agency; Respondent: William Raymond Kayes
Jurisdiction
England and Wales
Judgment Date
18 May 2012
Procedural Posture
Appeal by Way of Case Stated (administrative/criminal) / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Vehicle Excise and Registration, Showman's Exemption, Goods Vehicle Licensing, Road Traffic Regulation, Tachograph Exemption
Administrative Law Criminal Law Transport Law Vehicle Excise and Registration Showman's Exemption Goods Vehicle Licensing Road Traffic Regulation Tachograph Exemption

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Parties

Vehicle & Operator Services Agency

Claimant

William Raymond Kayes

Respondent

Procedural Posture

Appeal by Way of Case Stated (administrative/criminal) / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent's vehicle qualifies as a 'showman's goods vehicle' under section 62 of the Vehicle Excise and Registration Act 1994 and is thus exempt from certain licensing, testing, and tachograph requirements.
  2. 2 Whether the catering kiosks transported are 'equipment of the show' within the statutory meaning.

Ratio Decidendi

Refreshment kiosks, when used as part of a showman's business and transported in a vehicle purpose-built for that use, constitute 'equipment of the show' within the meaning of section 62 of the Vehicle Excise and Registration Act 1994. Therefore, the respondent's vehicle qualifies for the showman's exemption from licensing, testing, and tachograph requirements.

Court Disposition

appeal dismissed

Orders

  • Respondent awarded £80 in costs for travel expenses.