Road Legal

Who needs one?

Anybody who operates goods vehicles for commercial purposes on UK roads requires an O-licence. This covers hire or reward hauliers, businesses that run their own fleets (own-account operators), and local and public authorities. The  best guide to this is the Vehicle and Operator Services Agency (VOSA) guide for operators (GV 74).

Who does not need one?

Privately-run goods vehicles, such as those kept and run by vintage vehicle enthusiasts, do not require an O-licence. Crown vehicles are also excluded.

Also excluded is anybody operating small goods vehicles, defined as one with a gross plated weight of not more than 3.5 tonnes (or 1,552kg unladen if there is no plated weight). Also see Are Any Vehicles Exempt? (below).

Whose name needs to be on the O-licence?

It must be  a person, not a company. In the case of an owner-driver, it is the owner-driver who must be the O-licence holder. For larger haulage companies the O-licence holder is the person who employs the drivers.

What different types of O-licence are there?

There are three basic licences, as follows:

• A restricted licence: this is restricted in the sense that it only allows you to carry goods on your own behalf, not for hire or reward. It is not restricted in the area it covers and you may operate your vehicles both in the UK and abroad.
• A standard national licence: this allows the carriage of goods for hire or reward (as well as on own-account, if required) in this country. It also allows own-account trips abroad.
• A standard international licence: this is the most comprehensive O-licence and allows carriage of goods for hire or reward or on your own account within the UK and overseas.

Are any vehicles exempt?

Yes. Small goods vehicles under 3.5 tonnes plated weight are the main exclusion, but there is also a long list of specialist vehicles that do not require O-licences, including the following:

• farm tractors
• threshers
• forestry vehicles
• snow ploughs
• hearses
• emergency vehicles (fire, ambulance or police)
• vehicles with no permanent body, being used solely for test or trial
• steam vehicles
• recovery vehicles

For a comprehensive list go to page 30 of VOSA’s guide for operators.

Where do I apply for an O-licence?

Applications for O-licences go through the national network of Traffic Commissioners (TCs) and you apply to the TC who covers the area in which your home depot is based. A full list of TCs, with the areas covered and their addresses is available here.

An application pack for the O-licence system is available from VOSA either by telephoning (0870 606 0440) or online, but when you make the application the forms go to the Traffic Commissioner for your area, not VOSA. You can contact any of the six Traffic Area Offices to be sent the forms you need for an application or download the forms from the VOSA website.

The most useful forms in the list on this page are GV74 (a guide for operators), GV 79 (the application form itself), guidance notes on the GV79, GOL 6 (a model maintenance agreement between an operator and a garage agreeing to service their vehicles) and TM1G, the form on which the details of the transport manager must be completed.

How long before I need the licence should I apply?

At least 10 weeks before you need it to begin. If you urgently need to start operating then you should write to your TC and tell them and they may issue an interim licence. But they can only do so if you already have a full licence application already within the system. And an interim licence does not guarantee that you will get a full licence.

How many vehicles should I ask to be covered by my licence?

Your O-licence should cover the number of vehicles you intend to operate, including trailers, plus a few extra to cover possible increases in business and emergencies, such as breakdowns. This extra number of vehicles is commonly referred to as “the margin”.

Do I have to renew my licence?

Under the continuous licensing system introduced in 1996 your licence is yours for life unless you surrender it, fail to pay the fees or break its terms and conditions. But remember that the TC has the power to curtail, suspend or take away your licence at any time if you do not keep within the law.

What else do I need to do?

You are required by law to advertise your application for an O-licence in a local newspaper, so that anybody who owns or occupies a building or land nearby has the opportunity to object to your application, should they wish to do so. The GV79 O-licence application form contains a blank advertisement form.

What laws govern the O-licence system?

The main legislation covering the O-licence system is the Goods Vehicles (Licensing of Operators) Act 1995.