- The purpose of this consultation exercise is to seek views on the Department’s proposals to remove a number of exemptions from the Heavy Goods Vehicle (HGV) roadworthiness testing scheme. The consequence would be that operators of vehicles in currently exempt HGV classes would, in future, be required to have their vehicles tested annually.
- The proposal is to remove the exemptions covering 10 categories of vehicle detailed in red from the list below of vehicles currently exempted in Schedule 2 of the Goods Vehicle (Plating and Testing) Regulations 1988.
- Estimates based on DVLA licensing statistics suggests that up to 40,000 vehicles might fall within the exempt HGV classes being considering in this exercise. If the relevant exemptions were removed it would mean that operators of the vehicles concerned would face new burdens in having their vehicles tested. However, it’s believed there are several reasons why the removal of those exemptions would nevertheless be beneficial to society as a whole.
- One major reason for reviewing the list of exemptions is that the number of exempt vehicles continues to grow, raising concerns about road safety and the fairness between operators of vehicles that are currently tested, and operators of vehicles which are currently exempt from testing. There is also a legal obligation to ensure compatibility between the list of exempt vehicle classes and EU law on testing. The former is detailed in Schedule 2 to the Goods Vehicles (Plating and Testing) Regulations 1988 (‘the Regulations’); the latter is provided for under Article 4 of Directive 2009/40/EC – extracts from both regulations can be seen below.
- There are two further categories of effectively exempt ‘heavy vehicles’ that the government are seeking to modify in the context of this review:
- Heavy vehicles which benefit from paragraph 44.1.(e) of the Regulations, which exempts from roadworthiness testing vehicles being used under a specific order made under the Road Traffic Act 1988, or under the provision of the Road Vehicles (Authorisation of Special Types) Order 2003. We are proposing to remove exemptions for HGV or HGV-derived vehicles, while leaving in place exemptions for vehicles of genuinely special type; and,
- Heavy vehicles that are not caught by the Regulations because they carry fixed equipment rather than goods which can be off-loaded from the vehicle.
6. Exemptions from roadworthiness testing in Schedule 2 of the Good Vehicles (Plating and Testing) Regulations 1988 Vehicle type
1. Dual-purpose vehicles.
2. Mobile cranes.
3. Break-down vehicles.
4. Engineering plant etc.
5. Tarmac Trailers.
6. Tower wagons.
7. Road Construction vehicles.
8. Fire fighting vehicles.
9. Works trucks etc.
10. Electrically propelled motor vehicles.
11. Snow ploughs etc.
12. Lifeboat tractors.
13. Living vans*
14. Medical /educational/display vehicles.
15. Over-run-braked trailers.
16. Limited use vehicles.
17 Agricultural motor vehicles and trailed appliances.
18. Agricultural trailers and agricultural trailed appliance conveyors.
18A. Converter dollies.
19. Public Service Vehicles*
20. Licensed taxis*
21. Vehicles used solely for the purposes of funerals*
22. HGVs for export and visiting forces vehicles.
23. Test HGVs.
24. Visiting HGVs*
25. Northern Ireland registered HGVs*
26. HGVs based in seven Scottish islands.
27. Visiting HGV trailers*
28. ‘Caterpillar-track’ vehicles.
29. Steam propelled vehicles.
30. Pre-1960 HGVs.
31. Specialised narrow-track utility vehicles.
32. Airport ‘handling’ vehicles.
33. Airport ‘service’ vehicles.
34. Police HGVs.
35. HGV tractor units drawing exempt trailers.
36. Play buses*
37. Large American pick-up trucks*
* vehicles marked with an asterisk , while exempt from testing of HGVs under the Goods Vehicles (Plating and Testing) Regulations 1988, are nevertheless subject to roadworthiness testing under the separate testing regimes applied to cars (MOT), passenger service vehicles, or under legislation in Northern Ireland or their home state.
7. EXCEPTIONS Directive 2009/40/EC
Article 4
Member States shall have the right to exclude from the scope of this Directive vehicles belonging to the armed forces, the forces of law and order and the fire service. Member States may, after consulting the Commission, exclude from the scope of this Directive, or subject to special provisions, certain vehicles operated or used in exceptional conditions and vehicles which are never, or hardly ever, used on public highways, including vehicles of historic interest which were manufactured before 1 January 1960 or which are temporarily withdrawn from circulation. Member States may, after consulting the Commission, set their own testing standards for vehicles considered to be of historic interest.
8. Executive Summary
Annual roadworthiness testing of HGVs was introduced in Britain in 1968. At that time, a number of categories of vehicle were exempted from testing, primarily because – at that time - they were considered to be non - standard types of vehicle, or vehicles which were limited in number or limited in use on the public road. The exempt classes included electric vehicles, road construction vehicles, breakdown vehicles, vehicles containing engineering plant or health, education or display equipment, and vehicles based in seven Scottish islands In addition to certain classes of HGV being exempt from testing, regulation 44 of the Regulations also effectively exempts from testing vehicles which are used in only ‘prescribed special circumstances’. The exemption only applies whilst the vehicle is in use in the prescribed special circumstances. This exemption extends to a range of circumstances – for example, bringing a vehicle to or from an annual roadworthiness test, or taking a vehicle away for scrapping. A further exemption exists in relation to vehicles – which are essentially heavy goods vehicles – but which have either no or very limited capacity to carry demountable goods. Such vehicles are defined in section 185 of the Road Traffic Act 1988 as either motor tractors or as light or heavy locomotives, depending on their unladen weight. Such vehicles do not currently fall within the scope of the annual testing requirements for HGVs. EU law on roadworthiness testing is set out in Directive 2009/40/EC. This only allows exemptions from inspection for vehicles owned by the armed forces, police and fire service. However, subject to consulting with the European Commission, the Directive also allows Member States to exempt additional categories of vehicle “which are operated in exceptional conditions and vehicles which are never, or hardly ever, used on public highways, including vehicles of historic interest”. There is a need to be sure that the UK exemptions are in line with EU law. The government are proposing the removal (and in some cases modify) ten of the exemptions in Schedule 2 to the Regulations.
9. The proposals
The Department are proposing to remove (and in some cases modify) ten of the exemptions in Schedule 2 to the Regulations. The exemptions are in respect of:
Mobile cranes. Engineering plant and plant, not being engineering plant, which is movable plant or equipment being a motor vehicle or trailer (not constructed primarily to carry a load) especially designed and constructed for the special purposes of engineering operations. Trailers being drying or mixing plant designed for the production of asphalt or of bituminous or tarmacadam. Tower wagons. Road Construction Vehicles (though we are not proposing to remove the exemption for road rollers and other specialised equipment used in the road construction process). Electrically propelled motor vehicles. Vehicles constructed or adapted for, and used primarily for the purpose of, medical, dental, veterinary, health, educational, display, clerical or experimental laboratory services. Vehicles having a base or centre in any of the following islands, namely, Arran, Bute, Great Cumbrae, Islay, Mull, Tiree or North Uist from which use of the vehicle on a journey is normally commenced. Tractor units pulling exempt trailers.
The Department is also proposing to:
Modify the exemption under Regulation 44(1) (e) – so that all ‘HGV-based’ vehicles – except perhaps the very largest will be required to have some form of roadworthiness test/inspection. Modify the provisions of section 185 of the Road Traffic Act 1988 (and also section 186(3) of the Act) so that motor tractors and heavy and light locomotives are no longer exempt from annual roadworthiness testing in any case where a vehicle is based on an HGV-style chassis and would therefore be regarded as a goods vehicle Q1: Do you agree that we should remove the exemption from roadworthiness testing for the ten categories of HGV listed in paragraph 3.1 – and, if not, why not?
Q2: Do you consider that any other of the exempt categories of HGV listed in Annex A should be subject to testing in future – and, if so, which ones and why?
Q3: Do you agree that it is necessary to remove the “specific vehicle” exemption in Regulation 44.1 (e) for normal HGV and HGV-derived vehicles – and, if not, why not?
Q4: Do you agree that it is necessary to review the scope of the definitions in section 185 of the Road Traffic Act 1988 so that heavy vehicles with fixed equipment no longer fall outside the definition of vehicles which have to be tested – and, if not, why not?
Q5: Do you agree with the draft Impact Assessment at Annex E - and/or can you help us to quantify more precisely the estimated costs and benefits?
11. The link below will take you to the full consultation document and impact assessment.
http://www.dft.gov.uk/consultations/open/mottestingexemptions/consultation.pdf
12. The consultation runs until the 19th March so if you could get your comments to me by close of business 8th March if possible it would be appreciated.