Good news from VOSA!

[Treewolf]

Thanks for the info and its reference on page 3, Treewolf.

 

My car was clocked on the A9 last week at 72mph. But the letter states the speed for that class should have been 50mph.

 

As it's a Ranger Supercab 4x4 under 2040kg unladen, it's dual purpose and can do 60mph on single carriageway.

 

So I wonder what will happen as the NIP is factually incorrect, even though an offence was allegedly committed.

 

I wasn't the driver by the way.

 

I had a similar thing but was told that because the vehicle was registered as a LGV and not private that the 50mph rule applies..

 

There seems to be a widespread problem at the moment that police and VOSA at the roadside are misinterpreting the rules.

 

Vehicle registration and vehicle taxation have no bearing whatsoever on speed limits. Vehicle design and construction however does.

 

The definition of a Dual Purpose Vehicle is (as stated in my post on P3) determined by Regulation 3(2) of the Motor Vehicles (Construction & Use) Regulations 1986. Provided that your vehicle meets this definition then it IS a DPV irrespective of tax class, registration description, etc.

 

Speed limits in the UK are set by the Road Traffic Regulation Act (1984). Schedule 6 Part IV paragraph 2 of RTRA(1984) states inter alia:-

 

In this Schedule—

 

“agricultural motor vehicle”, “articulated vehicle”, “dual-purpose vehicle”, “industrial tractor”, “passenger vehicle”, “pneumatic tyre”, “track-laying”, “wheel” and “works truck” have the same meanings as are respectively given to those expressions in Regulation 3(1) of the Motor Vehicles (Construction and Use) Regulations 1978;

 

(Note that C&U(1978) had the same definition of a DPV as the later C&U(1986))

 

So, if your vehicle is a DPV according to C&U(1986) then it is also a DPV as far as RTRA(1984) is concerned.

The actual speed limits are set out in Section 86 and Schedule 6 Part 1 of RTRA(1984) and the list is fairly long so I won't reproduce it all here. The important bit as fas as DPVs are concerned is that it states that passenger vehicles, dual purpose vehicles, and motor caravans (none of which exceed 3050kg unladen or have more than 8 passenger seats), and "car-derived vans" not exceeding 2000kg max laden weight or having more than 8 passenger seats are subject to 70, 70, and 60 mph limits on motorways, dual carriageways not being motorways, and single carriageways respectively.

 

(Note that lower speed limits of course apply if you are towing, and lower still if you are towing more than one trailer or a trailer which puts the overall length over 12 metres.)

 

So the bottom line is that it doesn't matter what it says on the registration document or tax disc, if it meets the definition of C&U(1986) for a DPV, then car speed limits apply, although the person who's stopped you at the roadside may not know this.

 

JimM, I have no idea if a serious factual error on the NIP is grounds for dismissing the case, you would need to talk to a solicitor on this. What I would say is that exceeding the speed limit by 22mph will be considered more serious than exceeding the speed limit by 12 mph, so the driver must contest this. Seek proper legal advice without delay if you have not already done so.

 

 

 

 

Disclaimer: the information above is the result of significant personal research and is provided in good faith and is to the best of my knowledge true and accurate. Note however I am not a solicitor and my view is no substitute for propoer legal advice. If you are nicked, don't blame me if this info doesn't get you off!

[zeroluke]

I'll be a bit careful here as it's not clear to me which "same" instance. If your 4x4 qualifies as a dual purpose (the unladen weight of less than 2040kg with a modern diesel double cab may be the gotcha here) then you may tow a trailer (own goods or hire and reward) and not need an operator's licence. You will need a tacho if the gross train weight exceeds 3.5 tonnes unless you come under one of the exemptions for radius when carrying working tools but this exemption would not apply to deliveries of any sort.

 

My 2 seater 4x4 pickup qualifies as dual purpose, the reason being 4x4 allows it good capability off road use, as well as normal road use. Now if it was 2wd only, then it wouldn't. The reason they mention double cab is whilst it may be highway use design only, if it has a 2nd row of seats it qualifies on grounds of carrying passengers. 4x4 single / double cab, and 2x4 double cab qualify as dual purpose. 2x4 single cab does not.

[JimM]

Cheers again Treewolf.

 

Having talked to the driver again today it turns out he was towing a trailer!!!!

 

Bang to rights on all counts

 

Of interest, the unladen weight of 2040kg keeps my Ranger in the DPV class (1855kg), but throws out my mate's double-cab Navarra automatic which sits at 2100kg.

[Treewolf]

Of interest, the unladen weight of 2040kg keeps my Ranger in the DPV class (1855kg), but throws out my mate's double-cab Navarra automatic which sits at 2100kg.

 

 

That's an interesting one! Make sure that you really are comparing unladen weight though, not kerb weight.

 

Kerb weight usually includes vehicles fluids, a 90% full tank of fuel and a 75Kg driver, whilst unladen weight does not.

 

Even a Defender 130 DCHCPU comes in at just under 2040 unladen based on manufacturer's figures for kerb weight on this basis.

 

Mind you the Navara is a heavy old beast.

[JimM]

75kg driver!!! Is that unladen too or is there an allowance for pies and bacon and egg rolls?

I believe that was kerb weight for the Navarra.