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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I wonder if you can help me. I have a customer that uses

Resolved Question:

I wonder if you can help me.
I have a customer that uses tractors to move pleasure boats short distances over public roads to then launch them on the sea.
The tractors are farm type but as the use is not agriculture, forestry or fishery I do not think that a Cat F licence can be used to drive them.
Also I assume that the fuel must be white derv, the tractor must be PLG licensed, MOT exempted & a cat C1E or CE licence used to drive them.
Possibly even needing the use of a tacho & O licence.
Can you confirm this or is there an exemption that also applies to this type of usage?
If there is an exemption can you please point directly to the part of the act that applies not just the full act.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Has your customer been questioned about using the tractor on the road?
Customer: replied 10 months ago.
No, they are trying to ensure that what they do is actually legal. They contacted me re doing BE car & trailer courses. This came up in the communication. I can find no exemption in the act, & no authority for the use that they & every marina & caravan site in the country is doing re moving other peoples goods on the road using tractors. It seems that its not legal but has never been enforced as its a hot potato.
Customer: replied 10 months ago.
They do too many miles for it to be under the "works truck" exemption.
The fisheries exemption only covers fishing boats & their catches.
The tractors may be agricultural in their type but the use is not.
Expert:  Jo C. replied 10 months ago.
Ok, thank you. I will review the relevant information and laws and will get back to you as soon as I can.
Customer: replied 10 months ago.
Sorry I kis read you first question, Yes they use it on the road.Mainly short trips to & from the yard to the slip way. Normally this would be a works truck exemption. But the limits on mileage would be far exceeded during peak holiday season plus they move boats from one yard to another say 5-10 miles away.
Expert:  Jo C. replied 10 months ago.
Sorry for the delay. Can I just be clear about this?They are using farmland tractors on public roads to tow boats and the like?
Customer: replied 10 months ago.
Basically yes. They are agricultural tractors used in the marina to move boats. Also used to tow to & from the slip way or even the beach via public roads to launch them. They also collect & return boats they have fixed from other local marinas and camp sites or other places. The tractor is agricultural type but the use in non agricultural.
Expert:  Jo C. replied 10 months ago.
Then you are absolutely right.It is not agricultural use. They would need a C1E or CE licence and insurance etc. Cat F would not cover this as it is not being put to that use.It is not the class of vehicle per se. It is the use of the vehicle.The fuel would also need to be white derv.Can I clarify anything for you?Jo
Customer: replied 10 months ago.
That was exactly my understanding of the situation plus they would pay lorry road fund / road tax & need 6 weekly checks / a maintainance contact. I was just hopping that I had missed an exemption as I can't believe that every marina & every camp site in the country is doing this illegaly.
Expert:  Jo C. replied 10 months ago.
Well, usually they are just not being caught. Sadly that happens fairly widely. the police don't prosecute everything so people form the view that it is lawful.Also, probably they aren't prosecute because it is harder to prove the use to which a vehicle is put as opposed to the class.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Not good news.I hope my other question I have with you comes back with better news as that one affects me directly.Richard
Expert:  Jo C. replied 10 months ago.
no problem . All the best.

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