Trade plates: definition of 'temporary possession'

FTA has received confirmation from the Driver and Vehicle Licensing Agency (DVLA) that the present rules regarding the use of trade plates will remain unchanged.

The decision by DVLA comes after an a recent incident concerning the use of trade plates on a vehicle registered in the name of the user - where the operator was being charged for improper use as the vehicle was not deemed to be in the operator's temporary possession. Whilst the term 'temporary possession' is not defined in law, it is a long-standing and accepted principle that, where the repair side of a fleet business is on a sufficient scale to be considered a separate business entity in its own right, a trade licence could be issued to that part of the business. The trade licence could therefore be used on a vehicle in the temporary possession of the repairers and this could include a vehicle registered in the name of the trade licence holder.
 
DVLA had suggested that to help introduce some clarity it would introduce guidance that a minimum number of 50 vehicles must be registered to the holder of the plate. This was debated by FTA members at our Freight Council meetings in June, where it was agreed that this concession had worked for many years without problems and that a single incident should not be the basis for amending the rules.