A showman’s goods vehicle is defined in section 62(1) of the Vehicle Excise and Registration Act 1994. They must be registered in the name of a person following the business of a travelling showman and be used solely by him for the purposes of his business. The vehicle itself must be:

• a goods vehicle; and
• permanently fitted with a living van or some other special type of body or superstructure forming part of the equipment of the show.

Some examples of showman’s goods vehicles are vehicles used for catering, fairground ride components or living accommodation used in connection with the show. Temporary or removable fittings or equipment, which do not form a part of the show itself, would likely not satisfy the definition of a showman’s goods vehicle. A showman’s goods vehicle can be a converted lorry, catering trailer or another specialised form of transport, so long as the adaptation is permanent for the use in the show and is exclusively used for that purpose.

Showman’s goods vehicles enjoy multiple exemptions including:

Exemption from Holding an Operator’s Licence

They are exempt from the requirement to hold a goods vehicle operator’s licence. To fall within this exemption, the vehicle must solely be used by a person engaged in the business of a travelling showman, and solely used for the purposes of that business.

Exemption from Tachograph Recording

As showman’s goods vehicles are not within the scope of operator licencing or Assimilated rules and are therefore under GB domestic rules due to a national derogation, they are exempt from using tachograph recording equipment. This applies even where this equipment is fitted within the vehicle.

Exemption from Record Keeping

Since they are not within the scope of operator licencing, showman’s goods vehicle operators are not required by law to keep records under the domestic hours legislatio..

Exemption from Driver CPC Qualification

Drivers of travelling showman’s goods vehicles are exempt from the requirement to hold a Driver CPC if the vehicle is carrying equipment or material that he will use in the course of his work. This applies so long as driving the vehicle is not the main part of his work. This means driving totals less than 30% of monthly rolling work.

Exemption from Annual MOT Testing

They are exempt from annual MOT testing so long as they solely operate within the UK and fits the definition of a showman’s goods vehicle.

Reduced Rate of Vehicle Excise Duty

Showman’s goods vehicles receive a reduced rate of vehicle excise duty, being in Class 14 (Special Vehicles). In some cases, they may also receive a discount from Ultra Low Emission Zone (ULEZ) charges.

These exemptions may be invalidated if the vehicle is used outside the bounds of attending shows and fairs, such as general haulage or unrelated business use.

Enforcement

JMW Solicitors will often receive phone calls from Showmen, funfairs or circus proprietors  who have had vehicles stopped by enforcement bodies who have failed to take into account their Showman status. Quite often these issues can be resolved with our Commercial Road Transport team discussing the exemptions with the stopping officer.

A further problem often arises, where the Showman is using a vehicle/trailer to transport equipment related to the show, but there is nothing particularly to differentiate the vehicle/trailer once the equipment is removed from an ordinary goods vehicle. If the vehicle is not fitted with a living van, it must have been altered in some way to either form part of the ride or alternatively it is altered permanently to carry that equipment for the show. This might mean for example that specialised racking is fitted to store the show equipment.

JMW Solicitors Commercial Road Transport team can advise Showmen on the applicability of the exemptions to their vehicle types with special rates for members of the Guild of Travelling Showmen or the Association of Circus Proprietors.

Blog by Scott Bell and Abbie Orford