The case of VOSA v Kayes offers useful insight into how the law views the issue of what is - and is not - a showman's vehicle. In this case, the Divisional Court upheld the Magistrates' decision that a showman's vehicle used by a member of the Showman's Guild to transport refreshment kiosks to shows and fairs was a showman’s vehicle.

The Facts

The defendant was the subject of a roadside check by VOSA (Vehicle and Operator Services Agency, which is now known as the Driver and Vehicle Standards Agency (DVSA) while driving a goods vehicle carrying two refreshment kiosks on a trailer. VOSA asked the defendant whether he had an operator's licence and current test certificate. The defendant claimed that he was a member of the Showmen's Guild. He pointed out that his vehicle was specifically designed for the carriage of the refreshment kiosks he used to serve refreshments at shows and fairs, and the vehicle was used only for the purpose of going to such events.

On that basis, the defendant maintained that the vehicle was a showman's vehicle and he was exempt from the requirement to hold a goods vehicle operator's licence and the requirements to be tested and taxed as a goods vehicle. VOSA took the view that the vehicle was not a showman's vehicle and the defendant was prosecuted.

The Trial

The Magistrates found that the defendant was self-evidently a showman, and his vehicle fell within the definition of a showman's vehicle. Therefore, the defendant was entitled to rely on the showman's goods vehicle exemptions.

However, VOSA did not agree and took the case to the Divisional Court to ask a judge to decide if the law had been applied properly.

The Divisional Court had to consider whether a goods vehicle laden with a catering trailer that was not a permanent fixture, while also pulling a two-axle drawbar catering trailer, was capable of being a showman's vehicle, or whether the definition of a showman's vehicle should be interpreted more strictly.

How Does the Law Define a Showman's Vehicle?

The legal definition of a showman’s goods vehicle is set out in section 62(1) of the Vehicle Excise and Registration Act 1994. To qualify, a vehicle must meet the following criteria:

• It must be a goods vehicle: that is, a vehicle constructed or adapted for the carriage of goods.
• It must be permanently fitted with a living van or another special type of body or superstructure: the fitting must form part of the equipment of the show operated by the registered keeper of the vehicle.

In practice, this may include catering units, fairground ride components or living accommodation used in connection with the show. However, the wording suggests that temporary or removable fittings or equipment that do not form part of the show itself would likely not satisfy the statutory definition of a showman's vehicle.

The Outcome

The Divisional Court held that:

• It was clear that the defendant's vehicle was a goods vehicle.
• The vehicle could be properly regarded as a vehicle permanently fitted with a special type of body, namely the refreshment kiosks.
• Any show would be expected to have refreshment facilities and it was clearly an attraction of such events that good refreshment facilities were available.
• Refreshment kiosks such as that owned by the defendant in his capacity as a Showmen's Guild operator at various sites (provided he only used the vehicle for the purpose of transporting the refreshment kiosks to shows and fairs), fell within the definition of a showman's vehicle.

The Divisional Court therefore upheld the Magistrates' decision that the defendant's vehicle was a showman's vehicle. It was therefore exempt from the requirement to hold an operator's licence and the requirements to be tested and taxed as a goods vehicle.

What Are Vehicles With a Showman's Licence Exempt From?

People who operate a vehicle that meets the legal definition of a showman’s vehicle are exempt from:

1. Holding an operator’s licence:​ provided the vehicle is used solely by a person engaged in the business of a travelling showman and solely for the purposes of that business.
2. Vehicle testing: showman's goods vehicles are exempt from annual MOT testing.

They are also entitled to a reduced rate of vehicle excise duty and in some cases a 100% discount from Ultra Low Emission Zone (ULEZ) charges.

Use outside the bounds of attending shows and fairs, such as for general haulage or unrelated business use, could invalidate the exemptions.

This applies whether the showman's vehicle is a converted lorry, catering trailer or another specialised form of transport. What matters is its permanent adaptation for use in the show and its exclusive use for that purpose.