36.—F36[(1) No person shall engage or use the services of any undertaking for the carriage by road for reward of merchandise in a vehicle unless—

(a) the undertaking is the holder of a road freight carrier’s licence, or

(b) the carriage is one in respect of which a road freight carrier’s licence is not required by law.

(1A) In subsection (1) ‘undertaking’ means any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality.]

F37[(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £1,000.]