Case No. UKUT-37-(AAC)

1(1) Subject to subsection (2) and sections 2A and 3, a person shall not use a goods vehicle on a road for the carriage of goods—(a)for hire or reward, or(b)for or in connection with any trade or business carried on by that person,except under a licence issued under this Act; and in this Act such a licence is referred to as an “operator's licence”.(2)Subsection (1) does not apply to-(a)the use of a small goods vehicle;(b)…(c)the use of a goods vehicle for international carriage by a haulier established in Great Britain and not established in Northern Ireland; or(d)the use if a vehicle of any class specified in Regulations.(2A) A class of vehicles that may be specified in regulations under subsection (2)(d) includes goods vehicles used for international carriage by a hailer established in a member State.(4)In subsection (2)(c) and (2A), “established”, “haulier” and “international carriage” have the same meaning as in Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market. 19.Schedule 2 of the 2010 Act states that Regulations will provide for the detention of vehicles used without an operator’s licence under s.1 of the 2010 Act. Regulation 3 of the Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012 (the “2012 Regulations”) provides for the penalty where a vehicle is used in contravention of s.1: