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Stalwart MOT Exemption???????


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Hi all.

 

Not wanting to open a can of worms again BUT:

 

We have a 1962 Stalwart in the collection and from my reading of the LGV MOT exemptions paper, I have come to the conclusion the Stalwart is NOT MOT exempt due to its weight and age being post 1960.

 

Am I correct in my interpretation of the regulations as it would seem many Stalwart owners and alike are claiming MOT exemption.

 

Pre-1960 vehicles I can understand but am I missing some obscure regulations as to why the Stolly shouldn't be subject to an MOT?

 

Many thanks

 

Markheliops

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Okay guys and gals

 

I've been on to VOSA and can now confirm the 1963 Stalwart DOES need an MOT / Plate cert.

 

This should be an interesting saga and I will inform you of the results when the Stolly visits the MOT station.

 

Markheliops

 

Mark, don't bugger the transmission on the brake rollers ! I will be interested how they apply the 75% tare weight! with a bit of luck you will be waved through that bit if confusion reigns.

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Mark, don't bugger the transmission on the brake rollers ! I will be interested how they apply the 75% tare weight! with a bit of luck you will be waved through that bit if confusion reigns.

 

As I understand from VOSA John - they will use similar to one of those portable meters, if they bother at all.

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If your testing station is like the Purfleet one - you will be turned away and told to fill in the exemption form as (I was told when I tried it) VOSA Health and Safety doesn't let their inspectors climb more than X amount from the floor. The roof hatches on a Stolly are somewhat above this level. They were prepared to use the Tapley meter to test braking so no problem with the permanent 6x6. If you have seat belts fitted they need to work - and not just for the obvious reasons. Stamp hard on a Stollys brakes and you can get the front of the hull almost parallel to the ground so anything not secured in the cab goes forwards. Fast..

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Hi,

 

If Wikipedia is correct, it says that the width of a Stalwart is 2.62m wide. So VOSA by their own admission when I have called them will not test and plate as the vehicle is over width according to Construction an Use Regulations.

 

Perhaps people have registered it as a Special Types vehicle as you would do a Faun SLT tractor unit as this is 3.2m wide but over width is over width...

 

This way it would exempt you from test and plate but in theory you would have to give teo days notice online via ESDAL to drive it!

 

Regards Mark

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If your testing station is like the Purfleet one - you will be turned away and told to fill in the exemption form as (I was told when I tried it) VOSA Health and Safety doesn't let their inspectors climb more than X amount from the floor. The roof hatches on a Stolly are somewhat above this level. They were prepared to use the Tapley meter to test braking so no problem with the permanent 6x6. If you have seat belts fitted they need to work - and not just for the obvious reasons. Stamp hard on a Stollys brakes and you can get the front of the hull almost parallel to the ground so anything not secured in the cab goes forwards. Fast..

 

Neil -

 

I'd be very interested to see exactly what exemption VOSA would expect you to use in regard to the vehicle access point being too high! There is an exemption list set in stone and nowhere does it allow for an exemption where the testers refuse to test the vehicle.

 

Interesting point about the vehicle being over-width though.

 

Stalwarts cannot be classed as a Special Types vehicle by their design. If they were, then you would be paying nearly £3000 a year road tax. I think you meant Special Class Mark but if you look at the Special Class vehicle list it is quite specific to exactly what vehicles fit into the Special Class type and from my reading, a Stalwart does not fit into that category.

 

It does pose the question as to how Stalwart owners are getting away with using their vehicles on the road!

 

I'm all ears so perhaps Stolly owners can advise me on this issue as I'd like to put the Stolly on the road but it would appear this is a licencing nightmare!

 

Markheliops

Edited by Markheliops
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Neil -

 

I'd be very interested to see exactly what exemption VOSA would expect you to use in regard to the vehicle access point being too high! There is an exemption list set in stone and nowhere does it allow for an exemption where the testers refuse to test the vehicle.

 

 

Mark - I can only relay what I was told back in 2006 when I first got little Maud. Being ignorant then of such matters I wanted to make sure I was as safe as possible so booked an appointment at the Purfleet testing centre. When I got there their first comment was "we can't test that- it's permanent 6 wheel drive and won't go on the braking rollers". So I pointed out they could use a Tapley meter to test braking efficiency, the age of the vehicle permitted this. Grudgingly, I felt, they accepted this and went over to the vehicle only to ask where the cab door was. I pointed out the only way in was through the roof hatches at which point they refused to test it saying their H&S policies would not allow them to climb more than it took to get up into the cab of a normal truck and told me to use the V112G form.

I haven't seen anything written down (and from later experience do not believe this is the VOSA mindset) so I just complied and used that form every year. I believe every virtually every other Stolly owner does the same. I just tried to make sure that all the sytem's worked as the should esp. braking and steering. In fact - if you are interested - I now have a Tapley meter surplus to requirements......

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I'm still confused about this:

 

Neil - These are the exemptions allowed as per form V112G - MOT exemptions for HGV.

 

It is an offence under Section 53(2) of the Road Traffic Act 1988 under the Goods

Vehicle (Plating and Testing) Regulations 1988 or article 65 of the Road Traffic

(Northern Ireland) Order 1995 to use a vehicle without a test certificate on a public

road unless the vehicle is exempt from testing.

1. Dual purpose vehicles not constructed or adapted to form part of

an articulated vehicle.

2. Mobile cranes.

3. Breakdown vehicles.

4. 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.

5. Trailers being drying or mixing plant designed for the production

of asphalt or of bituminous or tar macadam.

6. Tower wagons.

7. Road construction vehicles and road rollers.

8. Vehicles designed and used solely for fire fighting or fire salvage

purposes.

9. Works trucks, straddle carriers used solely as works trucks, and

works trailers.

10. Electrically-propelled motor vehicles – As defined in 62(1A) of

VERA.

11. Vehicles used solely for one or both of the following purposes:

a. Clearing frost, ice or snow from roads by means of a snow

plough or smaller contrivance, whether forming part of the

vehicle or not, and

b. Spreading material on roads to deal with frost, ice or snow.

12. Lifeboat haulage.

13. Vehicles constructed or adapted for, and used primarily for the

purpose of carrying equipment permanently fixed to the vehicle

which equipment is used for medical, dental, veterinary, health,

educational, display, clerical or experimental laboratory purposes,

such use:

a. Not directly involving the sale, hire or loan of goods from the

vehicle, and

b. Not directly or indirectly involving drain cleaning or sewerage

or refuse collection.

14. Trailers which have no other brakes than a parking brake and

brakes which automatically come into operation on the over-run

of the trailer.

15. A motor vehicle at a time when it is being used on a public road

during any calendar week if:

a. It is being used only in passing from land in the occupation

of the person, keeping the vehicle to other land in his

occupation, and

b. It has not been used on public roads for distances exceeding

an aggregate of six miles in that calendar week and to a trailer

drawn by a motor vehicle that is being used on a public road

in such circumstances.

For the purposes of this paragraph ‘public road’ means a road

which is repairable at the public expense.

16. Agricultural motor vehicles and agricultural trailed appliances.

17. Agricultural trailers and agricultural trailed appliance conveyors

drawn on roads only by an agricultural motor vehicle.

18. Converter dollies used solely for the purposes of agriculture,

horticulture and forestry, or for any one or two of these purposes.

19. Public service vehicles.

20. Licensed taxis.

21. Vehicles used solely for the purpose of funerals.

22. Goods vehicles to which any of the prescribed construction

and use requirements do not apply by virtue of either GB or NI

Construction and Use Regulations namely:

a. Item 1 (which relates to vehicles proceeding to a port for

export).

b. item 4 (which relates to vehicles in the service of a visiting

force or of a headquarters).

23. Vehicles equipped with a new or improved equipment or types

of equipment used, solely by a manufacturer of vehicles or their

equipment or by an importer of vehicles, for or in connection with

the test or trial of any such equipment.

24. Motor vehicles brought into United Kingdom and displaying a

registration mark mentioned in the Motor Vehicles (International

Circulation) Regulations, a period of 12 months not having

elapsed since the vehicle in question was last brought into the

United Kingdom.

25. Motor vehicles in respect of which a test certificate issued in

accordance with Article 34 of the Road Traffic (Northern Ireland)

Order 1981 (a) is in force or which are for the time being licensed

under the Vehicles (Excise) Act (Northern Ireland) 1972 (b).

26. 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 the use of the vehicle on a journey is normally

commenced.

27. Motor vehicles in respect of which a goods vehicle test certificate

under section 49 of the Road Traffic Act 1988 is in force.

28. Goods vehicles not exceeding 3,500 kilograms in respect of

which a vehicle test certificate, under section 45 of the Road

Traffic Act 1988, is in force.

29. Trailers brought into the United Kingdom and having a base or

centre in a country outside the United Kindom from which the use

of the vehicle on a journey is normally commenced, a period of 12

months not having elapsed since the vehicle in question was last

brought into the United Kingdom.

30. Track-laying vehicles.

31. Industrial tractors (NI).

32. Steam propelled vehicles.

33. Motor vehicles first used before 1 January 1960, used unladen

and not drawing a laden trailer, and trailers manufactured before 1

January 1960 and used unladen.

For the purposes of this paragraph any determination as to when

a motor vehicle is first used shall be made as provided in GB and

NI Construction and Use Regulations.

34. Motor vehicles constructed, and not merely adapted, for the purpose

of street cleansing, or the collection or disposal of refuse or the

collection or disposal of the contents of gullies and which are either:

a. Three wheeled vehicles, or

b. Vehicles which:

(i) are incapable by reason of their construction of exceeding

a speed of 20 miles per hour on the level under their own

power, or

(ii) have an inside track width of not more than 1100 millimetres.

35. Vehicles designed and used for the purposes of servicing or

controlling or loading or unloading aircraft while so used

a. On an aerodrome as defined in the Civil Aviation Act for GB

and defined in the Airports (Northern Ireland) Order.

b. On roads outside such an aerodrome/airport if, except when

proceeding directly from one part of such aerodrome/airport

to another part thereof the vehicles are unladen and are not

drawing a laden trailer.

36. Vehicles designed for use, and used on an aerodrome/airport

mentioned in paragraph 35, solely for the purpose of road

cleansing, the collection or disposal of refuse or the collection or

disposal of the contents of gullies and cesspools.

37. Vehicles provided for police purposes.

38. Heavy motor cars or cars constructed or adapted for the purpose

of forming part of an articulated vehicle and which are used for

drawing only a trailer falling within a class of vehicle specified in

paragraph 13, 14 or 15 of this schedule or a trailer being used

for or in connection with any purpose for which it is authorised

to be used on roads by an order under Section 44(1) of the 1988

Act for GB and Article 60(1) of the 1995 Order for NI, being an

order authorising that trailer or any class or description of trailers

comprising that trailer to be used on roads.

39. Play buses.

40. Trailers, not being converter dollies or semi-trailers, the unladen

weight of which does not exceed 1,020 kilograms (NI only).

41 Living vans the design gross weight of which does not exceed 3500kg.

 

When you completed your V112G - what number did you use when filling out the form?

 

Markheliops

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Hi Special types vehicles used privately not for hire or reward are the same as HGVs used privately are taxed private Hgv £165 a year just registered one two weeks ago for private use .

 

Mark -

 

I'm interested in this as when I taxed the Scammell to allow me to transport the tank - I had to pay £1400 road tax for 6 months.

 

This is because a specific condition of being taxed / licensed under Special Types General Order (STGO Regs) is that the vehicle must be taxed appropriately.

 

I was informed by VOSA that moving the tank for my own use had no effect on the road tax amount I paid as if my vehicle was to be classed as "Special Types" I could only claim exemption from C&U Regs if the vehicle is taxed as STGO!

 

What did you tax as Private HGV and where did you find the info on taxing a Special Type Vehicle as a Private HGV.

 

It would really help me to find out as I don't like having to pay nearly £3000 a year to move my tank twice a year.

 

Ta

 

Mark

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like you say Mark you are opening a can of worms there is no way an over width vehicle can be used for riding about for pleasure mot exempt legally. But people think because they have a log book and the other bits and pieces they need to tax it they are OK. Plus you will never convince them otherwise only an unfortunate accident and the full weight of the authorities raining down on them will do that. Nothing else to say on the matter

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I was of the view that Special Types provided a means for over width and over other vehicles to circumvent the C&U Regulations thereby allowing their use on the highway - but only for the purpose of carrying out the task for which they were designed to do.

 

For example an over width mobile crane or dump truck could be taxed so as to allow it to travel on the highway, but only for the purpose of moving from depot or job to job for the task for which it was designed/built.

 

But can I find any proof to either support or trash this? No!

 

I'm sure that in days gone by it was never the intention of the regulating body to ban the use for social / domestic purposes of such vehicles as historic MVs, and thus many were registered accordingly and their use seems to have be accepted. But it does seem nowadays that thee is inflexibility in the system to get these registered without falling foul of ever-tightening legislation.

 

I do hope someone can provide evidence to the contrary. What definitely has changed these days is that the owner now has to make certain declarations concerning compliance of the vehicle instead of in the past the regulating body checking al the facts before accepting the registration / taxing of a vehicle, so owner beware!!!

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