I'd say most of the facts posted have been pretty accurate. The regulations for Operators Licensing are as follows according to the 1995 Act
SCHEDULE 3CLASSES OF VEHICLES FOR WHICH A LICENCE IS NOT REQUIRED
PART I
1. Any tractor as defined in paragraph 4(3) of Part IV of Schedule 1 to the Vehicle Excise and Registration Act 1994 (as originally enacted) while being used for one or more of the purposes specified in Part II of this Schedule.
PART II purposes referred to in paragraph 1 of part i of this schedule
1. Hauling—
(a)threshing appliances;
(b)farming implements;
(c)a living van for the accommodation of persons employed to drive the tractor; or
(d)supplies of water or fuel required for the tractor.
2. Hauling articles for a farm required by the keeper, being either the occupier of the farm or a contractor employed to do agricultural work on the farm by the occupier of the farm.
3. Hauling articles for a forestry estate required by the keeper where the keeper is the occupier of that estate or employed to do forestry work on the estate by the occupier or a contractor employed to do forestry work on the estate by the occupier.
4. Hauling within 24.135 kilometres, (15 miles), of a farm or a forestry estate occupied by the keeper, agricultural or woodland produce of that farm or estate.
5. Hauling within 24.135 kilometres, (15 miles), of a farm or a forestry estate occupied by the keeper, material to be spread on roads to deal with frost, ice or snow.
6. Hauling a snow plough or a similar contrivance for the purpose of clearing snow; and
7. Hauling—
(a)soil for landscaping or similar works; or
(b)a mowing machine,
where the keeper is a local authority.
Fuel Usage/ Rebated Fuel
Tractors
A tractor qualifies as an excepted vehicle if it is designed and constructed primarily for off-road use. An excepted tractor can be used on a public road solely for:
- agriculture, horticulture or forestry work
- cutting verges bordering public roads
- cutting hedges or trees bordering public roads or bordering verges which border public roads
Tractors with a vehicle excise licence - such as a general haulage vehicle - cannot use red diesel either on or off public roads, regardless of whether it is undertaking agricultural, horticultural or forestry work. This is because it is licensed to perform other work and is not therefore assumed to be used solely for agriculture, horticulture or forestry.
What exactly does agricultural, horticultural, forestry use mean? Well here you go!
This memorandum of agreement is restricted to the use of agricultural vehicles by the occupier of the land or the owner of the crop, or to a contractor or other person engaged to perform an agricultural, horticultural or forestry operation on the land. The agreement applies to the following types of vehicle:
- agricultural tractors
- agricultural engines
- agricultural material handlers
- light agricultural vehicles
- vehicles used between different parts of land
Definitions of these vehicles, for hydrocarbon oils duty purposes, can be found in
schedule 1 to the Hydrocarbon Oil Duties Act 1979, as amended.
Definitions of agricultural vehicles, for vehicle excise duty purposes, can be found in
schedule 2 to the Vehicle Excise Registration Act 1994, as amended.
When vehicles covered by this agreement are used on public roads solely for purposes relating to agriculture, horticulture, or forestry they are:
- exempt from Vehicle Excise Duty
- entitled to use rebated gas oil (red diesel)
Other classes of vehicles that are exempt from Vehicle Excise Duty or entitled to use red diesel are not covered by this agreement.
Activities accepted as falling within the definition of agriculture, horticulture or forestry include the:
- breeding or rearing of any creature kept for the production of food, wool, skin or fur, or for the purpose of its use in the farming of land
- growing or harvesting of crops including cereals, combinable crops, roots, tubers, vegetables, pulses, fruit, nuts, grasses, oilseeds and fungi for food, beverages, fodder, fuel or industrial purposes
- growing or harvesting of flowering or ornamental plants
- growing or harvesting of timber or other forestry products
- upkeep of agricultural land such as set aside under environmental management schemes
Activities not accepted as falling within the definition of agriculture, horticulture or forestry include:
- the breeding, rearing or keeping of any creature for purposes relating to sport or recreation
- dealing in agricultural, horticultural or forestry products
- landscaping
- the maintenance of recreational facilities, including beaches
- flood protection
- peat or loam extraction
- the exploitation of wild animal or fish stocks
- construction of buildings or other structures used for purposes relating to agriculture, horticulture or forestry
- transportation of agricultural, horticultural or forestry produce, livestock, implements, inputs or waste, other than where this is incidental to an agricultural, horticultural or forestry operation being performed on the land – accepted transportation uses are as set out under this agreement
Subject to restrictions in the definition of the particular type of vehicle, agricultural vehicles may use red diesel on public roads and will maintain exemption from vehicle excise duty in the following circumstances.
Movement of machinery
This includes:
- travel to and from a place where the vehicle is to be used or has been used solely for agricultural, horticultural or forestry purposes
- transport of trailed or mounted agricultural, horticultural and forestry implements, and of equipment or inputs required for the operation of such an implement, as part of an agricultural, horticultural or forestry operation – this does not include transportation or towing of personal accommodation
- taking agricultural vehicles and trailed or mounted implements to be serviced or repaired
- delivery or collection of an agricultural vehicle used solely for agricultural, horticultural, or forestry purposes that has been bought, sold or hired
Movement of machinery by dealers and others not engaged in agriculture, horticulture or forestry is not covered by this agreement.
Movement of produce and livestock
This includes:
- transportation of agricultural, horticultural or forestry produce within or between different areas of land occupied by the same person
- transportation of livestock within or between different areas of land occupied by the same person
- transport of agricultural, horticultural or forestry produce from the place of production or temporary storage
- transport of livestock to a place where the produce is to be sold or slaughtered
The transportation of produce must be incidental to an agricultural, horticultural or forestry operation being performed on the land. The responsibility is on the person transporting the load to demonstrate that this is the case. Transportation of produce which requires an operator’s licence may not be accepted as being incidental. Transportation on public roads of produce or livestock by a contractor employed solely for that purpose is not included within this agreement.
Movement of agricultural, horticultural and forestry inputs
Collection of inputs and equipment to be used as part of an agricultural, horticultural or forestry operation, and transport within or between different areas of land occupied by the same person of inputs and equipment to be used as part of an agricultural, horticultural or forestry operation.
This includes:
- hand tools
- fertilisers (including farm produced manures and slurries)
- pesticides
- seed
- animal bedding, feed and water
- fencing materials
- road plans for the repair of unsealed tracks
This does not include:
- household furniture or fittings
- supplies required for domestic use
- organic waste for disposal on agricultural land
Movement of waste
This includes:
- movement of agricultural, horticultural or forestry waste, within and between different parts of land occupied by the same person – the waste should have been produced by the occupier of the land
- transport of agricultural, horticultural or forestry waste from the place where the waste was produced to a place where it is to be collected by a licensed waste carrier (or to a licensed waste disposal site if nearer) – this includes inorganic waste such as plastic packaging
- clearing the road after agricultural, horticultural or forestry operations
- snow clearing to restore access
Think it's pretty black and white. I do myself own a tractor and lowloader (rarely use as not legal apart from carting bales about and digger is too heavy at 18ton to move on the highway) but currently on with applying for HGV with a view to run a tractor unit and lowloader as I don't think it is right that tractors and trailers do so much road work on rebated fuel and no operators licenses. I do however find it annoying that the bottom end of the truck market is good value but as they are Euro 5 or earlier it means as of May 2022 and the introduction of CAZ it'll make running them far more expensive than a Euro 6 and as a result means investing in a much more modern and more expensive truck for "occasional use" but at least I'm operating within the law.
Sorry for the essay, but I've learnt something myself having looked up the definitions.
