Jim Duckworth, editor of Road Transport Law and head of
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Transport Law Services, Woking, Surrey, helps solve your legal problems in this regular column. Write to Commercial Motor, Room 11205, Quadrant House, The Quadrant, Sutton, Surrey SM2 5AS giving your name and telephone number. Duckworth's answers are an interpretation of the law and should not be seen as definitive.
VAN AND TRAILER LAW
• We operate several 3,500kg vans, to which a trailer is sometimes attached for carrying a small excavator weighing about 1,000kg. The trailer weighs 500kg unladen.
Can employees with car driving licences drive one of these vans when pulling a trailer, and should they have tachographs and an Operator's Licence?
• From what you say, the trailer in question must have a permissible maximum weight of at least 1,500kg. Consequently, when the van draws such a trailer the combination comes within Category B+ E.
Whether or not the holder of a car licence (Category B) can drive the van and trailer depends on when his driving licence was issued.
Changes to the driver licensing law, which came into effect on 1 January 1997 in the Motor Vehicles (Driving Licences) Regulations 1996, mean there is now a difference in what vehicles can be driven by drivers who held a licence before then and those who have passed since.
When such a van is used on its own it comes within driving licence Category B. It can also tow a trailer up to the 750kg permissible maximum weight and still remain in that category.
Someone who passed the Category B test before 1997 is also entitled to drive vehicles in Categories B+E, Bl, Cl, Cl+E, 01 and Dl+E. They should be specified on a pre-1997 licence.
One change is that the holder of a Category B licence first issued after 1 January 1997 is not authorised to drive any of the extra categories. To drive a Category B+E combination they have to pass the B+E test
To summarise: • a person who passed the Category B test before 1997 can drive the van with trailer, but should make sure that Category B+E is on his driving licence; • a person who passed the Category B test after 1 January 1997 will have to pass a Category B+E test before he can drive the van when towing the trailer.
As a goods vehicle the van is subject to the EC drivers' hours and tachograph rules in EC Regulations 3280/85 and 328V85. Exemptions are provided in Article 4 (1) of Regulation 3280/85 for a goods vehicle with a permissible maximum weight, including any trailer, not over 3,500kg.
When your vans are used on their own, they do not exceed the 3,500kg permissible maximum weight, and are therefore exempt from EC hours and tachograph rules. But when the trailer is drawn, the plated gross weights must be added to produce the permissible maximum weight of the combination. Because that exceeds 3,500kg the exemption does not apply. Unless the combination comes within another exemption relating to the purpose for which it was used, a tachograph would have to be installed.
Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 states that an Operator's Licence is not required for a small goods vehicle as defined in Schedule 1. When used solo a 3,500kg van is a small goods vehicle. A vehicle and drawbar trailer is a small goods vehicle if the sum of their plated gross weights does not exceed 3,500kg. But, in this calculation, a trailer with an unladen weight not exceeding 1,020kg is disregarded. As long as the trailer in question does not exceed 1,020kg unladen, the combination of van and trailer is exempt from 0-licensing.
MONOVISION BAR
• I lost my HGV licence back in 1978 after I went blind in one eye. Because of stress at the time I forgot to renew ft. The Traffic Area knew of my condition before the licence lapsed and, all things being equal, I should still have held a Class 1 HGV licence,
I have been driving 7.5tonne trucks since that time, but could do with something heavier—about 10 tonnes GVW. I have been driving lorries for 40 years with no problem. Do you think I will be able to obtain an LGV licence ?
• Sight in only one eye is a relevant disability in relation to an applicant for, or the holder of, a licence for categories covering goods vehicles of more than 3.5 tonnes permissible maximum weight and passenger vehicles with more than eight seats (excluding the driver's), unless a) the driver held an old-style HGV or PSV licence on 1 April 1991; the Traffic Commissioner who granted the licence knew of the disability before 1 January 1991; and, if the person held such a licence or 1 January 1983, the acuity in the sighted eye is no worse than 6/12; or, in any other case, the acuity in the sighted aye is no worse than 6/9; and he also satisfies the Secretary of State that he has adequate recent driving experience and has not, in the 10 years
preceding the application, been involved in a road accident in which his defective eyesight was a contributory factor; b) he is an excepted licence holder, that is, he held a licence for sub-categories Cl and C1+E (8.25 tonnes) which was in force at a time before 1 January 1997, and is an applicant for, or holder of, a licence solely for those categories.
Because you did not hold an HGV licence on 1 April 1991, a) does not apply and you wilt not be able to hold a LGV licence.
Paragraph b) means you can continue to hold the Category Cl and Cl+E licence you held before 1 January 1997, but it limits you to 8.25 tonnes combination weight.
TOUCH CASH NEEDS AHEAD
II Last year I passed my CPC exam for national and
international transport, and I plan to start a business in April 2000.
I have read that in October the exams are to be changed. If I don't apply for my Operator's Licence until next year, will this mean I have to re-take the examinations ?
• Although the scope of the subjects covered by the CPC examination is to be widened, it will not affect those who have already passed.
Modifications of the EC rules governing admission to the occupation of road haulier are contained in an EC Directive which has to be implemented by member states by 1 October. We are waiting for regulations from the Department of Transport.
A more important change, which will be introduced at the same time, is an increase in the cost of a standard 0-licence. The minimum for an international licence will be 9,000 Euros for the first vehicle and 5,000 Euros for any others. At present this works out at £5,940 and £3,300. The price of a national licence will also increase, but has not yet been confirmed. So it would be best to apply well before 1 October.
The Directive also states that the higher costs will apply on 1 October 2001 to the holder of an 0-licence granted before 1 October 1999, and to any licence holder who applies for an increase in vehicles after 1 October 1999.