• HGV Periodic Testing and Inspections Exemptions, which is available here
• Goods Vehicle Operator Licensing Exemptions, which is available here
Historically, certain heavier vehicles have been exempt from operator licensing and/or periodic roadworthiness testing. The consultations propose to remove or modify some of the current exemptions either because of possible non-compliance with EU legislation or to correct a difference between certain vehicles types that are currently exempt and those that are not.
HGV Periodic Testing and Inspections Exemptions consultation
New vehicles which come within scope of the plating and testing requirement could have to be fitted with a plate from the DVSA (Driver and Vehicle Standards Agency N.B. formerly VOSA) and be subject to an annual HGV test (up to £215 depending on configuration) This can be undertaken at DVSA testing station or at an authorised testing facility (ATF). Existing vehicles that come within scope will not have to be plated but will still be required to undertake an annual test.
The HGV testing scheme provides exemption for 37 classes of vehicle. The DfT are consulting on proposals to remove nine and modify one exemption covering 10 categories of vehicle inSchedule 2 to the Goods Vehicles (Plating and Testing) Regulations 1988.
This will include:
- Vehicles built on a HGV chassis (exceeding 3.5 tonnes) including vehicles which have engineering plant attached.
- Mobile cranes
Our initial concerns are regarding the definitions used to define mobile cranes so that they exclude agricultural materials handlers (telehandlers). We are also keen to ensure that other exempt agricultural vehicles do not come within scope.
Goods Vehicle Operator Licensing Exemptions
The DfT are consulting on exemptions from Operator Licensing at the same time as there is some cross over- particularly in relation to exemptions for vehicles with fixed plant.
Goods vehicles of any weight, used for ‘hire or reward’ unless exempted will require an Operator Licence. For the purposes of these regulations a ‘vehicle’ includes a vehicle and trailer unit combined and an articulated vehicle.
A “goods vehicle” has been defined as a motor vehicle or trailer constructed or adapted for the carriage or haulage of goods. The carriage of implements or other vehicles (e.g. a van carried on a trailer) is also considered to be carriage of goods. The carriage of goods must be in connection with a trade or business or for hire or reward.
A goods vehicle operator’s licence to carry goods connected with any trade or business is required if a motor vehicle is used on a road with:
- A gross plated weight of more than 3.5 tonnes; or
- If it has no gross plated weight, an unladen weight of more than 1525kg.
- The use of vehicle combinations (vehicle towing a trailer) also requires a licence. Plating is the process whereby a goods vehicle is certified by the authorities as to weights, dimensions and permitted speeds. A plate is attached to the vehicle for ease of enforcement.
An operator’s licence can be issued in one of three formats:
- Restricted - to carry your own goods in the course of your trade or business
- Standard National - to carry your own goods in Great Britain, and to carry goods for other people for hire or reward in Great Britain.
- Standard International - to carry your own goods, and goods for other people for hire or reward, both in Great Britain and on international journeys.
There are a number of exemptions that apply to agricultural vehicles.
The DfT are considering a modification to exemption number 15 in the Annex to the Regulations. This exemption relates to vehicles fitted with a machine, appliance, apparatus or other contrivance which is a permanent or essentially permanent fixture of the vehicle, provided that the only goods carried are to be mixed by the machine, apparatus or contrivance with other goods not carried on the vehicle for certain specified purposes.
Although their intention is to cover fixed “engineering plant” this is not defined in this consultation, the Regulations or the Act.
Two of the specified uses for fixed plant in the Schedule to the regulations are in order to make fodder for animals; or to thrash, grade or chemically treat grain.
They are also considering responses as to whether mobile cranes should be included.
Our initial concerns are that:
- Any definition of mobile crane must exclude agricultural telehandlers.
- The exemptions must continue to exclude vehicles such as combine harvesters and mobile feed mixer wagons.
If you would like to send you comments in for consideration in the NFU response please send your comments by no later than the 31st January here.
Further information for members (login required)
Business Guide 113 covers Operator Licensing in more detail here
Business Guide 114 covers Drivers Hours and Tachograph Use in more detail here