Road traffic
No operator’s licence
Goods Vehicles (Licensing of Operators) Act 1995, s.2
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- For goods vehicles over 3
Actus reus
- Use a goods vehicle on a road for the carriage of goods for hire or reward, or for or in connection with a trade or business, except under an operator’s licence (Goods Vehicles (Licensing of Operators) Act 1995, s.2(1)).
Mens rea
- Using the vehicle for that carriage without the licence. Small-vehicle and other exemptions are in s.2(2)–(3) and the regulations — read them before treating every van as s.2.
Defences
Valid operator’s licence · Use exempt (weight / private use / other statutory exemption) · Not used on a road for carriage of goods as charged
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Starting point: Driver: Band B fine Owner-company: Band C fine.
At the police station
Payload, plated weight and hire-or-reward vs own-account are the first questions. This is not ordinary no-insurance.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.