If your LCV fleet operates within the EU, make sure that you are legally entitled to do so. By John Kendall.

There are relatively few areas where operating light commercial vehicles crosses over into the much more regulated environment of truck operations. Senior transport commissioner Kevin Rooney highlighted one at the recent FORS (Freight Operator Recognition Scheme) conference in Birmingham. In his keynote speech ‘Compliance for Tomorrow’s Fleet’, he raised the issue of international operations for light commercial vehicles (LCVs), advising operators who travel or intend to travel to and from the EU to check their transport manager requirements.

Although the latest regulations were introduced back on 21 May 2022, as part of the UK/EU Trade and Co-operation Agreement, it’s worth a look at what the law requires of light vehicle operators and drivers. It would be easy to assume that crossing the channel with an LCV would be no more regulated than driving one here, but that is simply not the case.

LCV fleets that form part of a fleet of trucks will already be compliant with Operator (‘O’) licence requirements, which generally apply to all goods vehicles exceeding 3,500kg gross vehicle weight (GVW). Since 2022, LCVs based in England, Scotland or Wales carrying goods for hire or reward in the EU, Iceland, Liechtenstein, Norway and Switzerland may need a standard international goods vehicle operator licence.

The rules will apply if you operate LCVs with a GVW between 2,500kg and 3,500kg, LCVs or cars towing a trailer with a gross train weight (GTW) over 2,500kg, up to and including 3,500kg. The gross train weight is the sum of the GVW plus the maximum authorised weight of the trailer, shown on the trailer plate. Hire or reward basically means carrying goods in return for payment, whether that payment is in money or some other benefit to you. If in doubt, seek legal advice.

If you are not using the vehicle for hire or reward, e.g. the purpose is simply to get to your overseas destination and back again for a holiday, the rules do not apply.

Operators who only run light CVs in the UK are unlikely to have a goods vehicle operator licence. To obtain one, it is not just a simple process of applying for a licence. Before you can do that, you will need to appoint a transport manager.

A transport manager is likely to carry responsibility for a range of things including planning routes and scheduling delivery times, managing your drivers and administration staff, ensuring drivers follow company and industry regulations, arranging vehicle maintenance, MOTs and tax payments, and organising vehicle replacements.

There are two ways that you can appoint a transport manager if you do not have one. The first is to employ someone with a transport manager Certificate of Professional Competence (CPC) qualification – this person would be on your payroll. Alternatively, you can hire in an external transport manager. They must have a contract with you setting out what they will do as a transport manager. As transport manager, they can only work for a maximum of four vehicle operators, including you and manage no more than 50 vehicles in total across all the operators who have hired them as their transport manager.

Once you have a transport manager, you can go ahead and apply for a standard international goods vehicle operator licence.

You will also be legally required to show that you have access to a set amount of finance to run your fleet, known as ‘financial standing’. This will depend on how many vehicles you will be running. The law states that you must have access to £8,000 for the first vehicle in your fleet then £800 for each additional LCV or car and trailer in the fleet.

As we have said already, if you have any doubt about your operations, take legal advice, preferably from a firm of solicitors that specialises in transport law.