| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 106 (Jan) |
| Neutral Citation: | [2010] EWHC 289 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Sullivan LJ and Lloyd Jones J (Judgment delivered extempore) |
| Representation | Kerry Barker (instructed by Hugh James, Cardiff) for the appellant. |
| The respondent appeared in person. | |
| Judgment Dates: | 19 January 2010 |
Catchwords
Road traffic - Goods vehicle - Operator's licence - Exemption - Vehicles being used for funerals - Appellant prosecuting respondent for not having operator's licence in transporting horses and hearse carriage to funeral - Respondent relying on exemption that vehicle being used for funeral - Justices finding exemption applying and not convicting respondent - Scope of exemption - Whether justices erring - s 2 - Goods Vehicles (Licensing of Operators) Regulations 1995, SI 1995/2869, Sch 3(5).
The Case
Road traffic Goods vehicle. The Divisional Court held that Sch3(5) of the Goods Vehicles (Licensing of Operators) Regulations 1995, SI1995-2869, was to be given a narrow interpretation; the use for which a vehicle was being put fell within the exemption if and only if it was not too remote to the plain meaning of the words 'for funerals'.
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