Q My company has a vehicle which weighs 5 tons
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unladen and which is used mainly on site work. From time to time it has to use the public roads, hut because its mileage is restricted while doing so, the vehicle is exempt from road tax. The question of the need for a heavy goods vehicle driving licence has been raised. Is it necessary for the driver to hold an hgv licence to drive this vehicle?
A No, the driver of the vehicle does not need to have a heavy goods vehicle driving licence in the circumstances which you quote.
If a vehicle is used on public roads only to pass from land in the occupation of the owner of the vehicle to other land in his occupation and for distances not exceeding 6 miles in aggregate in any calendar week, then it is exempt from Excise Duty by virtue of Section 6(6) of the Vehicles (Excise) Act 1971.
Regulation 28(j) of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1969 exempts the driver of a vehicle so exempted from Excise Duty from the legislation which requires him to hold a heavy goods vehicle driving licence.
Note that not only must the mileage be restricted as laid down but the two points between which the vehicle is travelling must be owned by the same person as the vehicle. Presumably, this is so in the case you quote because the vehicle Excise authority has agreed to waive the duty.