Do you tow a trailer? IF SO READ THIS.

Quoted from another forum I frequent, written by a guy who tows recovery/delivery with a LR110 for a living:

Quote :

I was stopped last Saturday by VOSA for a vehicle check (quite used to it!!) found nothing un-toward as they did not do a full check (read on). I was asked 'have I got an operator's licence', no I don't need one was my reply, 'yes you do Sir', no I don't. This went on for some considerable time. After getting their rule book out they conceded and I won the argument. 'but it all changes on the 4th of December Sir we'll get you then won't we?'.

(Under the current law any towed trailer with an un-laden weight of less that 1020kgs is exempt from the calculations, mine is 900kgs)


WHY?

No publicity
No advertising campaign
No warning

New EU rules!! That's why.

As from the 4th December ANY vehicle towing a trailer for hire or reward (a driver in 1999 was convicted after admitted his mate bought him a pint!!!) a gardener, tree surgeon, builder etc who's combined weight exceeds 3,500kgs (laden or un-laden) will need a **HEAVY GOODS VEHICLE OPERATORS LICENCE** along with the numerous rules that go with it.

Off road parking
6wk maintenance check by a VAT reg garage.
Have a CPC (certificate of professional competence) (operator not driver cpc)
Be or nominate a transport manager with a CPC (or pay for one!)
Have instantly available at all times, 9,000 euro's 24/7 which is checkable by the Traffic Commissioner.
Apply every 12mth for a new licence (was 5yr)
Plus many more.

As far as they were concerned I was stopped only to give a 'routine check'. I only had a Ford Fiesta on the back!!! They never checked my lights, brakes, weight or tacho. Which in itself is highly unusual as having been stopped 3 times last week alone having the full works (and nothing mentioned of the change) leads me to only one conclusion. They have 'advised' me that the law is changing and have logged it onto their system accordingly meaning that if they see me after the 4th Dec???

I cannot afford these new changes so therefore as of the 4th Dec I am out of a job and no doubt a lot of others. What happens to those thousands of other drivers who are unaware of the changes, the max fine is £5k

This apparently is to bring us in line with the rest of the EU

They say that ignorance is not a defence!!!!!

and:

Quote :

.............................may need a *restricted* operator's licence which allows you to haul your own equipment. You are allowed to receive fuel costs as long as there is *no element of profit* involved.

and:

Quote :

....................... because ANY racer, rally, hill climber, 4x4 etc who is towing to a meeting where there is a *prize* at the end of it comes under these new reg's. The list is endless!!

That is absolutely ridiculus! I don't tow as often as I used to, only because I sold my trailer, but basically, it sounds to me like the good old British Government are dictating to people what they can & can't do for a living. Will put a fair few out of work I think!

Simon

Right, just had a two day course on this, and even the vosa guy didn't know what he was on about, basically, from what I can work out, it is still the same argument that is now 30+ years old, what is 'hire and reward' and in 1986 a judge ruled. a farmer who helped out a young lady who's range rover broke down on the way to a gymkhana, collected her horse in his horse box, was stopped with no operators licence, and charged, in court, he stated, after a question, did he get satisfaction from helping a young lady, Yes he replied, the judge ruled, that was reward, it was, and still hasn't been challenged in law, so stands.


http://www.roadtransport.com/Articles/2011/09/19/139486/O-licensing-shake-up-just-weeks-away.htm

another question asked of Vosa:


Dear ******

I refer to your recent e – mail addressed to Gordon MacDonald , concerning the above. Gordon has passed your query to me for reply.
I have outlined below, an extract from the forthcoming update of our booklet "Goods Vehicle Operator Licensing A Guide for Operators" (GV 74) on this: -
"...A trailer with an unladen weight of less than 1,020kg need not be taken into account in the weight calculation for a vehicle pulling a trailer. It therefore can be ignored for the purposes of adding up total gross weights or unladen weights to determine whether they are above the threshold for requiring an operator’s licence.
However, this exemption does not apply if you are carrying other people’s goods for hire or reward (e.g. working as a courier or freight transport business). In such circumstances, the weight calculation must include any trailer attached (irrespective of the trailer’s weight). In this case, if the vehicle and trailer combination exceeds the weight limits stated above for a single vehicle, a standard licence is required".
Therefore, for many operator's of small trailers, the situation will remain unchanged - as the users of these combinations will be unaffected, as they will be carrying their own goods. However, where a 3.5 tonne van/trailer combination is used and it is clear that the carriage of goods is for payment (a removals company perhaps?) then an operator's licence will be required - even where the trailer has an unladen weight of less than 1020 kgs.
Note: Under Schedule 3 (2) of the goods Vehicles (Licensing of Operators) Regulations 1995 "a dual purpose vehicle and any trailer drawn by it" is identified as exempt from goods vehicle operator licensing. Examples are Range Rovers, Land Rovers, Jeeps, certain Japanese vehicles and those designed to go over rough ground as well as on roads. Therefore, (under existing legislation) where a 4x4 is used, the combination will be exempt from operator licensing - even when carriage is for hire or reward. I should point out that this is in VOSA’s view and does not constitute legal opinion I hope that the information given above has helped clarify the current position. If you have any further queries, do not hesitate to contact me.

Regards

Chris Slowley
Operator Licensing
Strategy and Customer Directorate
VOSA"

This is an official response from VOSA


Dear...................

Thank you for your email.

Generally
speaking you require a goods vehicle operator's licence if you use a
vehicle with a gross plated weight exceeding 3500 kgs for the carriage
of goods for hire or reward or for use in connection with a business. If
the gross weight of the vehicle is less than 3,500kgs you do not
require an operator's licence unless you are using a combination i.e. a
vehicle and a trailer. If using a combination then the key factor is the
unladen weight of the trailer.

If the "unladen" weight of the
trailer exceeds 1020 kgs then you add the unladen weight to the gross
plated weight of the towing vehicle and if the combination exceeds
3500kgs you will need an operator's licence. Currently, if the unladen
weight of the trailer does not exceed 1020kgs the only criterion to
determine if an operator's licence is required is the gross plated
weight of the towing vehicle and if that exceeds 3500kgs then generally
speaking a licence would be required. However, as you've been made
aware, the law changes from the 4th December 2011.

From the 4th
December 2011 the 'small trailer exemption' no longer applies to anyone
who is carrying goods for hire or reward. So if you are moving goods and
are paid to do so then you cannot use the small trailer exemption and
if the combination of vehicle and trailer exceeds 3500kgs you will
require a goods vehicle operator's licence unless you are covered by
another "exemption".

As examples, the case of the highway
maintenance trailer carrying among other things, lamps belonging to the
highway authority, or even tarmac that belongs to someone else is a case
is one where a balanced and reasonable approach clearly suggests it is
not operating for hire or reward – it is not hauling the lamps or tarmac
for the highway authority but they are ancillary to the use of the
vehicle and trailer but a courier company which is using the combination
for carrying other peoples goods clearly is operating for hire or
reward. I must point out that the "small trailer exemption" remains for
those who are not carrying for hire or reward for example those who are
carrying their own goods.

It is unclear what you are using the
car transporter to move, I assume cars, but are the cars broken down or
are you doing new car deliveries, dealer transfers etc? There is an
exemption in respect of "recovery vehicles" but this is strictly limited
to the recovery of broken down vehicles.

As you rightly point
out, there is an exemption from goods vehicle operator licensing for
"Dual purpose vehicles" which are exempt under Schedule 3 (2) of the
Goods Vehicles (Licensing of Operators) Regulations 1995.

The
full description of a "dual purpose vehicle" can be found in Regulation 3
of the Road Vehicles (Construction & Use) Regulations 1986. It
includes 4x4s - like some Land Rovers and their equivalents and states:


“a vehicle constructed or adapted for the carriage both of
passengers and of goods or burden of any description, being a vehicle of
which the unladen weight does not exceed 2040 kg, and which either-
(i)
is so constructed or adapted that the driving power of the engine is,
or by appropriate use of the controls of the vehicle can be, transmitted
to all of the wheels of the vehicle; or
(ii) satisfies the following conditions as to construction, namely –
the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;
the area of the vehicle to the rear of the driver’s seat must -
(i)
be permanently fitted with at least one row of transverse seats (fixed
or folding) for two or more passengers and those seats must be properly
sprung or cushioned and provided with upholstered back-rests, attached
either to the seats or to a side or the floor of the vehicle; and
(ii)
be lit on each side and at the rear by a window or windows of glass or
other transparent material having an area or aggregate area of not less
than 1850 square centimetres on each side and not less than 770 square
centimetres at the rear; and
(c) the distance between the rearmost
part of the steering wheel and the back-rests of the row of transverse
seats satisfying the requirements specified in the head (i) of
sub-paragraph (b) (or, if there is more than one such row of seats, the
distance between the rearmost part of the steering wheel and the
back-rests of the rearmost such row) must, when the seats are ready for
use, be not less than one third of the distance between the rearmost
part of the steering wheel and the rearmost part of the floor of the
vehicle.”

.........................If your vehicle falls
within the aforementioned criteria it is likely to be exempt from
operator licensing under the "dual purpose vehicle" exemption. I would
however check with this office the exact details of the towing vehicle.

I
must emphasise that this is the view of this Department based upon the
information provided and is not intended to be a strict interpretation
of the law. Only a Court of Law is able to give a legally definitive
interpretation.


If you require further assistance please do not hesitate to contact me.

Yours sincerely

Steve Fox
Licensing Senior Team Leader
0113 254 3228


Dear..............

Thank you for your email.

The
general requirement to hold a licence relates to the carriage of goods
for hire or reward or in connection with a business. If the use of the
vehicle is not for hire or reward or in connection with a business but a
hobby then it is unlikely a goods vehicle operator's licence is
required. If you race the your own cars on an “amateur” basis, VOSA
would not normally consider that the vehicle is being used for hire or
reward or in connection with a business, where it is clear that the
carriage of goods (cars), is not with a view to making a profit and we
would not consider it to be in the public interest to take any action
where nothing more than modest prize money is involved. Unfortunately,
"modest prize money" has never been formally defined or quantified for
the purpose of goods vehicle operator licensing. Nevertheless, where it
is clear that there is only the prospect of nominal winnings which are
merely incidental to the amateur activity, then VOSA would not consider
that an operator's licence would be required.

Where the
likelihood of winning prize money is on a more regular basis (whether or
not the activity is on an "amateur" basis) and any such success has
attracted sponsorship - or any other form of corporate support - this
may be construed as having a commercial element to it, where an
operator's licence may be required (N.B. this may include the vehicle
bearing the sponsors name - in return for the financial support
received).

I must emphasise that the requirement to hold a
licence is the view of this Department based upon the information
provided and is not intended to be a strict interpretation of the law.
Only a Court of Law is able to give a legally definitive interpretation.


If you require further assistance please do not hesitate to contact me.

Yours sincerely

Steve Fox
Licensing Senior Team Leader
0113 254 3228

Doesn't look like they really know the law themselves. Alot of ambiguity. Looks like the best option is to drive a 4X4 to tow the trailer

Regards

Ross