Do I need an Operator Licence if I run a van?

Do I need an Operator Licence if I run a van?

The big question van owners are asking is, do I need an Operator Licence if I run a van? In this blog post, we will dive into the intricacies of this topic and provide you with clarity. We will explore the factors that determine whether or not you need an Operator Licence to run a van, taking into account both domestic and international operations. Join us as we navigate through the recent regulatory changes and shed light on the implications for van owners. By the end of this article, you will have a clear understanding of the Operator Licence requirements and how they may affect your van operation.

The Big Question: Do I Need an Operator Licence if I Run a Van?

Well, the answer is yes and no. Yes, if you operate abroad and no, if you only operate in the UK. The rules changed at the end of May 23 regarding operating vans in the EU. Meaning that if your operations include driving vans or cars towing trailers to transport goods for hire or reward between 2.5t and 3.5t in the European Union, Switzerland, Norway, Iceland or Liechtenstein, from 21 May 2022, you will now need a Standard International goods vehicle operator licence.

Historically, you only needed an Operator Licence (O’ Licence) if you operated goods vehicles or public service vehicles over a GVW of 3.5t. This has changed, vans between 2.5t and 3.5t now need an Operator Licence, or you will be operating unlawfully and could face prosecution.

What are the new rules for vans?

The changes are contained within the Trade & Cooperation Agreement between the UK and EU and will apply to you if you’re based in England, Scotland or Wales and use:

  • Vans or other light goods vehicles (sometimes called light commercial vehicles or LGV for short)
  • Vans towing trailers
  • Cars towing trailers

You need to either:

  • Apply for a standard international goods vehicle operator licence for the first time
  • Add the vehicles to your standard international goods vehicle operator licence (if you already have one)
  • Apply to upgrade your standard national goods vehicle operator licence (if you have one) to a standard international goods vehicle operator licence
  • Apply to upgrade your restricted goods vehicle operator licence (if you have one) to a standard international goods vehicle operator licence

Do the new rules apply to me?

The new rules will apply to you if you use:

  • Vans with a maximum authorised mass (MAM) over 2,500kg (2.5 tonnes) and up to and including 3,500kg (3.5 tonnes)
  • Vans towing a trailer with a gross train weight (GTW) over 2.5 tonnes and up to and including 3.5 tonnes
  • Cars towing a trailer with a GTW over 2.5 tonnes and up to and including 3.5 tonnes

You will not need a goods vehicle operator licence if any of these apply:

  • You only use your vehicles in the UK
  • You are transporting goods not for ‘hire or reward’

Am I carrying goods for “hire and reward”?

Hire and reward means that you are carrying goods for, or on behalf of, someone else. This generally applies if you are paid to move other people’s goods. If however, you are only moving your own goods for your own purposes, this would usually not be classed as hire and reward.

Do I need Tachographs for Vehicles over 2.5 Tonnes?

Currently no, you will not need a tachograph for vehicles over 2.5t up to 3.5t. However, from 1 July 2026, tachographs will have to be installed in vehicles over 2.5 tonnes operating in the EU.

How do I apply for an operator licence?

You have two options:

Option 1 – Employ the services of a consultant

If you’re a little unsure and the whole process looks a little daunting, you can enlist the help of a consultant to assist with your application. Here at TMconsultant, we help new operators gain their Operator Licence every week. If you would like to know more about how we can help you, click here or please do just get in touch. We’re a friendly bunch and are happy to chat and provide free advice.

Option 2 – Apply directly to the Office of the Traffic Commissioner (Licensing)

You can DIY by going here. I have written a blog about how to apply for an operator’s licence, you can read that here.

Do I need a Transport Manager?

Yes, you do. To get a standard international goods vehicle operator licence when operating vans over a MAM over 2.5t in the EU, you will now need a Transport Manager (or external transport manager). This is someone who is responsible for:

  • Planning routes and scheduling delivery times
  • Managing your team of drivers and administration staff
  • Making sure drivers follow company and industry regulations
  • Arranging vehicle maintenance, MOTs and tax payments
  • Organising vehicle replacements.

You must either:

  • Apply to get an existing member of staff (including yourself) temporarily recognised as a transport manager
  • Employ someone with a Transport Manager Certificate of Professional Competence (CPC) qualification
  • Hire an external qualified transport manager.

What are my transport manager options?

You have three options:

Option 1 – Use an existing member of staff temporarily recognised as a transport manager through Grandfather rights

If you decide to get an existing member of staff temporarily recognised as a transport manager, they must have at least 10 years of experience managing fleets of vehicles before 20 August 2020.

  1. The member of staff needs to apply to be temporarily recognised as a transport manager (this is sometimes called having ‘acquired rights’). If their application is successful, they’ll be treated as having the Transport Manager CPC qualification until 21 May 2025\
  2. When you apply for your goods vehicle operator licence, you need to apply to add them as the transport manager for your licence
  3. The member of staff needs to pass the CPC qualification by 21 May 2025 to continue being a transport manager after that date
  4. When they’ve fully qualified, they’ll need to keep up a high-quality professional knowledge of transport industry rules and policies.

Option 2 – Get a member of staff qualified

This person will need to take a Transport Manager CPC qualification. This is called the International Transport Manager Certificate of Professional Competence (CPC) in Road Haulage. You will need to take the international For more information, you can read a blog I wrote about how to become a transport manager here.

Option 3 – Hire an External Transport Manager (ETM)

You can hire-in an External Transport Manager. An External Transport Manager, (ETM for short), is essentially a freelance consultant Transport Manager. They’re not someone on your payroll, but they are contracted to work with you to act as your transport manager. Ensure you find an ETM with an International TM CPC qualification and of good repute. If you would like to take this option we can help find an ETM near you!

What will the ETM do?

The external transport manager is there not only to ensure you are compliant but can help reduce your fuel bill, review your current H&S policy status and develop driver training.

Your ETM will manage:

  • Operator Licensing changes and authority communication
  • Working Time Directive Compliance
  • Drivers Hours Compliance
  • Tachograph Analysis
  • Vehicle Periodic Maintenance Inspection Schedule
  • Vehicle Defect Reporting Systems
  • Driving Licence Checks
  • Daily Walk round Inspections
  • Toolbox talks/Driver CPC Training Delivery
  • Driver Reprimands/Disciplinary Hearings.

Your ETM will also:

  • Carry out an initial audit to identify any shortfalls
  • Full systems implementation – Ensure you are equipped with the requisite policies and processes
  • Carry out weekly catch-ups. This is normally remotely
  • Carry out Monthly on-site visits
  • Provide ongoing advice.

For more information about what ETMs do and how much it costs to hire an external transport manager go here.

How much does an ETM cost?

Prices start from £450.00. Check out our ETM prices here

How can I find an External Transport Manager?

Here at TMconsultant we operate an ETM finder service. All you need to do is provide us with some basic information and we’ll find an ETM near you! Either, complete this form or get in touch, we’re here to share the knowledge!

DVSA-publications-guides-forms-tools

The complete list of links to DVSA publications guides & forms

The complete list of links to DVSA publications guides & forms

I often get asked about which forms to use and what operator compliance publications the operator and driver should be utilising. So I’ve put together a rather helpful, regularly updated complete list of links to DVSA publications, guides, forms and tools for you. A one stop definitive place to find those all important DVSA publications, guides & forms, operator compliance legislation & other very helpful information.

Last update 24/07/18

Goods Vehicles Operators Guides

The Guide to maintaining roadworthiness 2018
https://www.safedrivingforlife.info/sites/default/files/guide-to-maintaining-roadworthiness.pdf

Guide to Goods Vehicle Operators Licensing 2011 (GV74)
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/193518/Goods_Vehicle_Operator_Licensing_Guide.pdf

Guide to graduated fixed penalties and financial deposits 2013
https://www.gov.uk/government/publications/guide-to-graduated-fixed-penalties-financial-deposits

GV262-03 Drivers’ Hours and Tachograph’s guide 2015
https://www.gov.uk/government/publications/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb

Updates to Drivers’ Hours rules 4th March 2016
https://www.gov.uk/guidance/drivers-hours-goods-vehicles/updates

Working time regulations for mobile workers 2013
https://www.gov.uk/government/publications/working-time-regulations-for-mobile-workers

Staying legal heavy goods vehicle (HGV) drivers 2011
https://www.gov.uk/government/publications/staying-legal-heavy-goods-vehicle-drivers

Load securing: vehicle operator guidance 2017
https://www.gov.uk/government/publications/load-securing-vehicle-operator-guidance

HGV overloading: the basics 2013
https://www.gov.uk/government/publications/hgv-overloading-the-basics

The safe Operators Guide 2009
http://www.thetransportmanager.co.uk/wp-content/uploads/2015/07/vosa-safe-operators-guide.pdf

Categorisation of Defects 2015
https://www.gov.uk/government/publications/categorisation-of-defects

MOT testing guide (6th edition) 2004
https://www.gov.uk/government/publications/mot-testing-guide

VOSA Safe Operators Guide
https://tmconsultant.co.uk/wp-content/uploads/2017/03/vosa-safe-operators-guide.pdf

Working time regulations for mobile workers:
www.gov.uk/government/publications/working-time-regulations-for-mobile-workers

The role of the traffic commissioners
www.gov.uk/government/organisations/traffic-commissioners

A guide to representations, objections and complaints
www.gov.uk/government/publications/a-guide-to-making-representations-objections-and-complaints-goods-vehicle-operator-licensing

Senior Traffic Commissioner’s statutory guidance and statutory directions – How traffic commissioners approach the exercise of their statutory functions
https://www.gov.uk/government/collections/senior-traffic-commissioners-statutory-guidance-and-statutory-directions

Operator Compliance Risk Score (OCRS)
www.gov.uk/government/publications/operator-compliance-risk-score-guidance-ocrs-notes

International Road Haulage
www.gov.uk/the-essentials-of-international-road-haulage

Running a fleet of vans
www.gov.uk/government/publications/your-van-best-practice-guide

Towing small trailers guides
www.gov.uk/government/publications/quick-guide-to-towing-small-trailers

https://www.gov.uk/government/publications/towing-a-trailer-with-a-car-or-van

Recovery operations guide
www.gov.uk/government/publications/guide-for-recovery-operations

Horsebox and trailer owners
www.gov.uk/government/publications/guidance-for-horsebox-and-trailer-owners

Driver CPC overview
www.gov.uk/driver-certificate-of-professional-competence-cpc/overview

Driving licence categories
www.gov.uk/driving-licence-categories

Driving licence codes
www.gov.uk/driving-licence-codes

Guide to graduated fixed penalties and financial deposits
www.gov.uk/government/publications/guide-to-graduated-fixed-penalties-financial-deposits

Guide to vehicle immobilisation:
www.gov.uk/government/publications/guide-to-vehicle-immobilisation

Digital drivers cards (DQC)
www.gov.uk/government/publications/digital-drivers-cards-how-to-stay-within-the-law

Enforcement sanctions policy
www.gov.uk/government/publications/enforcement-sanctions-policy

Lorry types and weights:
www.gov.uk/government/publications/guide-to-lorry-types-and-weights

HGV inspection manual (2013 consolidated version)
www.gov.uk/government/publications/consolidated-hgv-inspection-manual-2013

HGV brake test
www.gov.uk/government/publications/preparing-your-heavy-vehicle-for-brake-test

Braking connections when using a trailer:
www.gov.uk/government/publications/understanding-your-braking-connections-when-using-a-trailer

Automatic slack adjusters – maintenance guide
www.gov.uk/government/publications/automatic-slack-adjusters-maintenance-guide

Dangerous and hazardous goods vehicles inspection
www.gov.uk/government/publications/guide-to-the-inspection-of-dangerous-and-hazardous-goods-vehicles

Seat belt installations
www.gov.uk/government/publications/guide-to-changes-to-seat-belt-installations

Maintenance software and computer storage of maintenance records
http://www.gov.uk/government/publications/a-guide-to-the-use-of-maintenance-software-and-computer-storage-of-maintenance-records

Individual Vehicle Approval manuals (IVA)
https://www.gov.uk/vehicle-approval/individual-vehicle-approval-manuals

Individual Vehicle Approval (IVA) for lorries help to get a pass
https://www.gov.uk/government/publications/individual-vehicle-approval-iva-for-lorries-help-to-get-a-pass

Individual Vehicle Approval (IVA) for vans help to get a pass
https://www.gov.uk/government/publications/individual-vehicle-approval-iva-for-vans-help-to-get-a-pass

Categorisation of defects
www.gov.uk/government/publications/categorisation-of-defects

HGV operator licensing forms

All operator licensing applications and changes are carried out now online. See refer to my guide on ‘how to apply for an operators licence’.

Other helpful Links

Stoneridge Tachograph Simulator – great tool for practicing the use of a digital tachograph
http://www.se5000.com/documentation.html

Find your nearest Authorised Testing Facility (ATF) or DVSA test station:
www.gov.uk/find-atf-vosa-test-station

Check MOT test history
www.gov.uk/check-mot-history-vehicle

HGV driver daily walkaround check poster
www.gov.uk/government/publications/heavy-good-vehicle-drivers-daily-walkaround-check

Moving on – Official advice and information for lorry, bus, coach and van operators and drivers

https://movingon.blog.gov.uk

I hope you found the complete list of links to DVSA publications guides & forms, operator compliance legislation & other helpful info useful. If you did then please share by clicking the social icons below.

Or if you have any questions please do just get in touch. Here to share the knowledge!