stillgoingstrong, on 26 Dec 2007, 12:37 PM, said:
...I understand the conditions as 'Hire and Reward' for the standard, but if I'm only charging mileage (or expense of hiring in the vehicle) and as such not making a reward out of the driving itself, can I get away with the restricted? Or do they take into account the overall contract, hence my reward is the profit of the job, or the fact they are hiring me to do their job, making me need the standard national?
The restricted licence allows you to carry your own goods, but not to charge for transport. As far as I understand it, as long as you are charging just for the equipment hire, you could get away with a restricted licence - I.e. "you cannot charge for deliveries or for the use of the vehicle".
The standard licence allows you carry your own goods, and other's goods for hire or reward.
My other question is they suggested I could 'borrow' a license from another company if I asked around. If I can do that, surely the rental firm would have to have an O license purely for the fact they make a living on the 'Hire' bit of the 'Hire and Reward'. And surely they must be available to buy, as companies that have them to borrow from must have purchased them in the first place. Anyone know where I can enquire as to getting one (do you need 1 per vehicle) and if by actually owning the license it makes you more liable/more paperwork?
The "borrowing" bit is to do with the conditions of the O licence. It is quite common to apply for more capacity than is needed. Say you had one 7.5t truck, but you applied to run two. That allows you to run your own plus a hire vehicle if that was needed. If a firm isn't using its extra"capacity" you could possibly "borrow" this, but you are then driving under their operator's licence, and any misdemeanors will be attributed to you and their transport manager.
The hire firm will have arrangements to let them drive their own vehicles, but the law states that any one using a vehicle over 3.5t in connection with business needs an O licence. Therefore, they will probably not have sufficient capacity to allow you to use their licence - nor would they want your liability!
It is possible (if you are hiring from the same company and you discuss this with them) to apply for an O licence using the hire company as your operating site. This satisfies the "suitable maintenance facilities" requirement, but may not help with the "keeping overnight" part. You could discuss this with your local transport office, if you are just hiring in vehicles. If you are buying, then you need a site, evidence of financial security, evidence of ability to maintain the vehicles and you must advertise your intentions before applying...
Look at the application form
and its guidance notes
. There are several other hurdles to jump over before you can get your O licence. On the other hand, if you are pulled over in any vehicle that requires an O licence (and this includes a 3.5t van with a trailer!) not
having the licence is a black mark towards you obtaining one! There's more information here
Hope this helps...
This post has been edited by Simon Lewis: 26 December 2007 - 02:31 PM