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Abolition of the small trailer exemption Dec 4th 2011


Niceboy
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This was touched on in the heated debate on the 'VOSA' thread, but its implications are so huge I think it deserves a thread of its own. To say it hasn't been widely publicised by the government would be an understatement. Luckily I found out about it, by accident, on November 4th - only one month before it becomes law! So much for ignorance not being an excuse....

 

There is so much confusion and ignorance concerning this latest EU legislation (particularly it seems among those who are introducing it and those who will be enforcing it - there's a surprise) that I hesitate to even summarise what it's about.

 

Essentially, as I understand it, at present those whose towing combination is greater than 3.5t plated weight and who 'only' need tachograph compliance to tow their 'small' trailer (< 1020kg unladen) behind their vehicle for hire or reward, will be required to apply for an Operator's Licence, restricted or otherwise. So for example (unless someone from VOSA, or better still a lawyer specialising in transport law, or better still a magistrate, can correct me) even if you just want to tow your 750kg chipper around the corner with your 2751kg plated gross weight van you'll need an OL.

 

I appreciate there are those of you who will say "So what, I can sort that out in a lunch hour and my customers can pay for it. If others fail they probably deserve it - more work for me and I can charge more. Result!" That's great, and good for you. But for those of you who aren't quite as efficient at dealing with red tape and have less generous customers, it's important you don't underestimate what a massive burden to a one-man band obtaining and keeping an OL is. It's vital that anyone contemplating towing a trailer of any description as part of their business finds out the relevant info before they waste time and money on something they may never get to use after December the 4th. This is the main reason for my post.

 

Trying to get solid, reliable information about this new legislation is like trying to juggle soot. I've no idea when the authorities will announce what exactly will happen and it's less than a month away. The only hope for many traders is that some or all of the present exemptions are retained, such as the dual-purpose 4x4 vehicle exemption (a can of worms in itself) and the '50km radius from base' exemption. As for somehow bypassing the hire and/or reward aspect (more interpretation woes over and/or too), beware. Who's to say an eager and dedicated VOSA inspector won't interpret a peck on the cheek from the missus as a reward for towing her horse, thereby ultimately making you a menace on the highways. Sound ridiculous? I believe some amateur racing drivers have been warned about sponsorship stickers, and others about winnings, however small or infrequent. And check out Tommer's amazing rivet story - post #74 on the VOSA thread.

 

For the record, I drove artics diligently for over ten years and take safety very seriously, to the point that I often have the mickey taken out of me. I don't actually disagree with tacho's for sub 7.5 tonne combos travelling long distances although the implementation of it all is, as per the link above, unsurprisingly a total mess. But for the EU to foist on UK Ford Transit owners, rules and obligations which were designed to keep 44tonne artics safe.....

 

Good luck to those about to investigate this imminent legislation. You will probably find independent websites and forums far more useful and up to date than VOSA's.

 

Could the last viable small business in the UK turn out the lights before going under, please?

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