Association of Circus Proprietors of Great Britain

Showman's Vehicle Rules and Exemptions

1. This Showman's Vehicle is owned and operated by a Member of the Association of Circus Proprietors and is used solely by them for the purposes of their business as a Travelling Showman and for no other purpose, as per Section 62(1) of the Vehicle Excise and Registration Act 1994.
2. This vehicle is a Showman's Goods Vehicle if it is a Showman's Vehicle that is also a goods vehicle permanently fitted with a living van or some other special type of body or superstructure forming part of the equipment of the show.
3. It is registered as a Showman's Vehicle or a Showman's Goods Vehicle. Under Part VII and Part VIII of Schedule 1 of the Vehicle Excise Registration Act 1994, Showmen's Vehicles (including haulage vehicles and goods vehicles) are subject to the same rate of vehicle excise duty as the basic goods vehicle rate.
4. By virtue of Item 22, Part I of Schedule 3 of the Goods Vehicles (Licensing of Operators) Regulations 1995, Showman's Goods Vehicles and their Trailers do not require an Operator's Licence.
5. Showman's Vehicles and Showman's Goods Vehicles, registered and used as above in accordance with Paragraph 1, fall within the scope of GB Domestic Rules since they are entitled to a derogation from the assimilated EU rules and regulations. This derogation only applies to UK journeys.

6. This vehicle is entitled to a derogation from the assimilated rules in relation to drivers' hours and tachograph rules because it is either:

   1. A vehicle transporting circus or funfair equipment,
   2. A specialised catering vehicle, or
   3. A vehicle towing a specialised catering trailer.
7. As per the above, the driver of a vehicle that is exempt from or outside of the scope of the assimilated rules is not required to use the tachograph recording equipment even if it is fitted.
8. As the vehicle is not within the scope of Operator Licensing and in the scope of GB Domestic Rules, no records written or otherwise, including drivers' hours records and tachograph records, are required whilst using the vehicle.
9. As a Showman's Vehicle or Showman's Goods Vehicle operating in the UK, this vehicle is exempt from annual MOT testing and displaying an HGV or trailer plate (“ministry plates”).
10. As a Showman's Vehicle or Showman's Goods Vehicle operating in the UK, this vehicle may be exempt from emission zone charges.
11. The driver of this vehicle is exempt from the requirement to hold a Driver CPC as the vehicle is carrying equipment or material that he will use in the course of his work, provided that driving the vehicle is less than 30% of his monthly rolling work.

Sources

Sources for the above information, other than the Acts quoted, include:

• EC Regulation 561/2006, EU Regulation 165/2014, AETR rules
• Section 3 of the European Union (Withdrawal) Act 2018
• EU Directive 2003/59, incorporated into domestic legislation under the Vehicle Drivers Certificates of Professional Competence (CPC) Regulations 2007
• Gov.uk Guidance; “Goods vehicle operator licensing guide”, Annex 3: Exemptions
• Gov.uk Guidance; “Drivers' hours and tachographs: goods vehicles”, 1. Assimilated and AETR rules on drivers' hours
• Gov.uk Guidance; “Drivers' hours and tachographs: goods vehicles”, 2. Great Britain domestic rules on drivers' hours
• Gov.uk Guidance; “Drivers' hours”, GB domestic rules
• Gov.uk Guidance; “Check if you need Driver CPC to drive a lorry, bus or coach”, Exemptions from needing Driver CPC

JMW Solicitors LLP Commercial Road Transport team provide ACP members with an initial free telephone consultation on matters relating to the use of your vehicle. Please contact 0345 646 2291 or email acp@jmw.co.uk and quote your ACP membership number.