VOSA stupidiy stright from the horese mouth.
VOSA stupidiy stright from the horese mouth.
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Discussion

c c

Original Poster:

8,056 posts

269 months

Wednesday 29th November 2006
quotequote all



Hores and Hounds said:
Owners of horseboxes heavier than 3.5 tonnes who win competition prize-money but do not have an operator's licence for their vehicle run the risk of being fined, having their vehicles impounded, and facing prosecution, according to the Vehicle & Operator Services Agency (VOSA).

Even if winnings amount only to £5, this is the likely scenario if the owner/driver is found guilty in court of undertaking an activity that may be construed as "hire and reward" without the special licence, says VOSA, a subsidiary of the Department of Transport.


Likewise, if the horsebox owner offers a friend a lift — to anything from a competition to a ride on the beach — in return for petrol money or any other reward, VOSA says an operator's licence is required.


H&H reader Mark Batchelor says he will stop accepting prize-money at shows after VOSA contacted him to inquire whether he was operating his HGV for hire and reward.


"I wrote back to VOSA explaining that I only use the horsebox to take my wife and daughter's horses to local shows and that I did occasionally move a horse for a friend, but for no more than the cost of the fuel," Mr Batchelor explained.


"I received a letter from VOSA informing me that the moment you receive prize-money or fuel money, you need an operator's licence. As such, I have no option but to stop competing for money.


"How many private horsebox owners are in breach of the law? It does not seem to matter whether it has cost you £100 to attend a show and pay entries — the moment you win £5 you are in breach of the law."


A VOSA spokesman explained to H&H that it is the job of a court to rule on whether "hire and reward" is taking place, or whether a vehicle is being used in connection with a trade or business.


But he said: "When prize-money is awarded to someone in the operation of a horsebox with a gross plated weight of more than 3.5 tonnes, this may well be construed as commercial activity.


"If competition prize-money is considered 'reward', for the purpose of deciding if a vehicle is being used for hire and reward and thus requires an operator's licence, the amount is irrelevant."


VOSA also concludes that people with horseboxes transporting other people's horses as well as their own for "fuel money" translates to "hire".


But British Horse Society (BHS) chief executive Graham Cory doubts the validity of VOSA's claim.


"VOSA's view confuses purpose with incidental outcome. As only a minority of competitors will receive a prize, it cannot reasonably be held that they are acting in anticipation of a reward," he said.



Edited by c c on Wednesday 29th November 10:28

cptsideways

13,888 posts

282 months

Wednesday 29th November 2006
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Jesus censored christ what will the jobsworths think of next!!!

Edited by cptsideways on Wednesday 29th November 10:32

mechsympathy

58,800 posts

285 months

Wednesday 29th November 2006
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Utter muppetsrolleyes If he drives his daughter and her horse to a show and she wins, how is that his reward? If I give a friend a lift and he gives me money towards petrol dos that make me an unlicensed minicab driver? Where's that wnaker smiley when you need itrolleyes

jasandjules

72,631 posts

259 months

Wednesday 29th November 2006
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What a shock.

A Govt dept who are a bunch of fekcwits....

JMGS4

8,932 posts

300 months

Wednesday 29th November 2006
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Labour envy politics channeling down through their burocracy...anything not chavscummy is to be taxed or made impossible by these socialist scum!!!

eliminator

762 posts

285 months

Wednesday 29th November 2006
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If he takes his child to a show and she wins the prize money and keeps it then no problem. "He" is not operating a vehicle for hire or reward. If he rides himself, wins and he gets the money, or if he gets the prize money from the child, then they say they have a case.

Being in trouble for accepting petrol money was always a problem for any vehicle (are you a licensed taxi?) until there was a law change (Ithink) a few years back to encourage pool sharing to cut congestion.

AL666

2,679 posts

248 months

Wednesday 29th November 2006
quotequote all
Yeah, from what I remember of the law on petrol money is that as long as somebody only gives you money to the value, or less, of the petrol used in the journey then you're OK, anymore and you're an unlicensed Taxi!

zumbruk

7,848 posts

290 months

Wednesday 29th November 2006
quotequote all
cptsideways said:
Jesus censored christ what will the jobsworths think of next!!!


Anything that maintains and expands their little empires and protects their pensions. They don't give a damn about the law.

supert

64 posts

245 months

Wednesday 29th November 2006
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So would the same apply to anyone towing a race car to a meeting if they then win prize money, or is it only if you're using a commercial vehicle over a certain weight?

esselte

14,626 posts

297 months

Wednesday 29th November 2006
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supert said:
, or is it only if you're using a commercial vehicle over a certain weight?


yes think so.

eccles

14,401 posts

252 months

Wednesday 29th November 2006
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i think its good news!....gets more of these bloody horse boxes off the road!

rs1952

5,247 posts

289 months

Wednesday 29th November 2006
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eccles said:
i think its good news!....gets more of these bloody horse boxes off the road!


Its a long walk for a gee-gee from Lambourn to Newmarket .....

Egbert Nobacon

2,835 posts

273 months

Wednesday 29th November 2006
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eccles said:
i think its good news!....gets more of these bloody horse boxes off the road!


I often wonder if they only make horseboxes with tiny engines, as every one I get stuck behind seems incapable of maintaining 25mph up even the slightest incline.
It would be quicker to ride the bloody horse.

cooperman

4,428 posts

280 months

Wednesday 29th November 2006
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It would thus seem that if you transport your competition car in a converted coach or on a flatbed with a GVW of over 3.5 tonnes and you win cash, then the same must apply.
I do remember when I had my Private Pilot's licence that flying fot 'Hire & Reward' was outside the scope of the licence. I sometimes used to fly a photographer around and I did it just to get some more hours in whilst he took his photos. The way we worked it was that he paid the Flying Club for a certain number of hours in advance, then I flew him for free. Thus the rules were complied with. This sort of thing is nothing new.The way forward is for the award winner to openly donate the prize money to someone else - a child or spouse or a charity? - and thus the winner has actually received nothing at all.

Dwight VanDriver

6,583 posts

274 months

Wednesday 29th November 2006
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...any of you see a damned nag poop on here. Offence under Highway Act to deposit noxious substance on the road. Where de-go?

dvd
(Sorry Mods warped sense of humour)



Edited by Dwight VanDriver on Wednesday 29th November 14:48

mmm-five

12,392 posts

314 months

Wednesday 29th November 2006
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So if my mother drives to bingo and wins, is she 'breaking the law'?

eliminator

762 posts

285 months

Wednesday 29th November 2006
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Yep! Definately a law against Bingo.

(Is your ML really over 3.5 gross ton plated weight???)

Edited by eliminator on Wednesday 29th November 19:32

Flat in Fifth

48,905 posts

281 months

Wednesday 29th November 2006
quotequote all
eliminator said:
Yep! Definately a law against Bingo.

Tough on Bingo, tough on the causes of Bingo.

See Bliarout he's the expert allegedly.

IT10

602 posts

245 months

Wednesday 29th November 2006
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That is below pathetic...
What is next??

sospan

2,755 posts

252 months

Thursday 30th November 2006
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Hmmmmmm
Is eco-friendly car sharing going to go down the same route?
If you share a car with mates or just give them a lift for "petrol money" will that be looked on as hire?
The mind boggles.
But then.... these beurocrats have nothing to do all day but think up ways of getting ££££££ for Gordy.
Shouldnt they be doing their jobs more efficiently and thus we wont see poor service and efficiancy increases/
Ooops - this is Civil Service we are discussing her.
My fault for being stupid(=cynical).
The continued lack of efficiency and good practices in Civil Service is a disgrace and here they go making it worse.
Introduce more crap and forget about improving what they should be doing.