Q We possess a four-wheeled, 45-ton Scammell (unladen weight 7 tons
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16 cwt) towing unit together with a drawbar low-loading trailer which we wish to use unladen for exhibition purposes. What is the position regarding excise licence and Ministry testing? The trailer was first manufactured before 1940 but the tractive unit was not first registered until 1944. It is, however, unlikely to pass the Ministry test as it was manufactured without front-wheel brakes.
A From the description which you have given it would appear that the vehicle falls to be classified as a light locomotive. Section 190(7) of the Road Traffic Act 1972 defines a light locomotive as "a mechnically propelled vehicle which is not constructed itself to carry a load other than any of the articles aforesaid" (that is, water, fuel, accumulators, loose tool and loose equipment) "and the weight of which unladen does not exceed 11 tons and a half but does exceed seven tons and a quarter".
Therefore, the braking system would seem adequate for DoE test purposes according to Regulation 46 of the Motor Vehicles (Construction and Use) Regulations 1873. This states that every locomotive first used before June 1 1955 shall be equipped with an efficient braking system, the brakes of which act upop all wheels of the vehicle other than the steering wheels If your vehicle is a four-wheel unit then obviously two of those wheels — the front wheels — are steering wheels and the braking on the rear wheels complies with this Regulation.
Excise duty would be chargeable in accordance with Schedule 3 of the Vehicles (Excise) Act 1971 as a tractor, Paragraph 3 of Part II of the Schedule shows an annual rate of duty of £229.50 for a vehicle with an unladen weight of between 71/4 and 8 tons.