Vehicle and Operator Services Agency, R (on the application of) v North Leicester Vehicle Movements Ltd & Anor

For the purposes of the tachograph regulations, a vehicle falls within the phrase used for the carriage of passengers or goods by road where it is a vehicle capable of being used for that purpose, subject to the express exemptions. The phrase does not depend on the precise purpose of the particular journey or on whether the vehicle is laden, drawing a trailer, or being moved for export. This construction promotes clarity and avoids enforcement depending on fine distinctions about a journey’s purpose. The court reached that conclusion from the wording and purpose of the European regulations, read with the domestic legislation.

This was an appeal by way of case stated from Hampshire justices sitting at Southampton. The justices had concluded that a 17-tonne tractor unit driven unladen to Southampton docks for export, without a trailer and without a functioning tachograph, was outside Council Regulations Nos 3820/85 and 3821/85 and section 97 of the Transport Act 1968.

The Vehicle and Operator Services Agency challenged that conclusion. The central issue was whether the vehicle was covered because of its type and capability, or only because of the actual purpose for which the journey was undertaken.

1. Appeal and construction. The justices’ answer was reversed. The relevant question was the meaning of used for the carriage of passengers or goods by road in article 3 of Council Regulation No 3821/85.
2. Applicable approach. The regulations had to be read as a whole, having regard to their wording and purpose. Their purposes included road safety, the welfare and working conditions of drivers, and harmonisation. The court also considered the domestic principle that ambiguous criminal provisions should be strictly construed, but found it unnecessary to decide that the European purposive approach prevailed over it.
3. Meaning of the phrase. The regulations applied, subject to their specific exemptions, to categories of vehicle capable of being used for carrying passengers or goods on roads. They were directed to the vehicle rather than the precise purpose of the journey on the day in question. A tractor therefore remained within the regulations when driven unladen, without a trailer, and to docks for export.
4. Practical consequence. This interpretation provided a clear rule for enforcement authorities and the haulage industry and avoided minute factual inquiries into the purpose of individual journeys.
5. Disposition. The question stated by the justices was answered no. The matter was not remitted against either respondent. In relation to Mr Field, a retrial would inevitably have resulted in an absolute discharge. The court likewise declined to remit against North Leicester Vehicle Movements Ltd, holding that a further test case arising from the single journey would be unjust.

High Court (Administrative Court): appeal by way of case stated from the decision of the Hampshire justices sitting at Southampton. The justices had held that the journey was outside the tachograph regulations. The High Court reversed that legal conclusion and declined to remit the proceedings.