A MOG and A Run in with VOSA !!!!

[Little Steven]

I've read through most of these threads on this and for other items we use.....

 

There seems to be too much trying to circumventing/avoiding ether through ignorance or suitability.....

 

Take the tests, get the licences, operate on white, lets make make costings fair & equal!

Sorry guys... if its weight, fuel, rebates, just get on with it! Why should your margins be any different from others.... If it an age thing then I'm jealous, your turn will come.

[Craig.]

to put you guys in the picture this guy is genuine and i have made sure of it .

 

I will happily get an O licence if i genuinely need to BUT there is more than one element to an O licence and so far i have been informed by plating and testing at vosa that i am exempt from plating and testing , i am also exempt from having to have hgv2 licences under sections 5456 of the driver licencing regulations ! So in short i am exempt from 75% of an O licence !

 

I will happily have a bolted front mounted chipper fixed to the front of my chipper if that is what it takes (its what i would like anyway) the rules are exeptionally grey and in most cases conflicting. How many mog owners running an ag built mog that use it solely for chipping run them on an O licence ?

I`m guessing they said it`s exempt from plating and testing, ang lgv licence, because it`s regesteried as ag, but the use of it could say it may not come under the regs for ag exemption.

If your working at private house`s, site clearence, for highways roadside, etc, you cant call that agricultural and claim that exemption.

[combined tree services]

Working on the A30 will draw attention,all the wrong attention unfortuanately.

 

It is highly likely that was the reason for vosa's interest , mind you it has done me a favor in some ways because i will clear up the questions surrounding its use and put me in a much stronger position to compete even more !!

[Ben farrimond]

Hi might already have been asked but do u move the chip with the mog or just simpley for running the chipper? if simply for running the chipper then you have no problems but if you were moving the chip then you would need an o licence and a tacho! if you want it clarifing further contact your local NFU rep and ask they have always advised us in the past and when we had an acident with one of the tractors on the road they backed us in cort hope this helps!:001:thumbup:

[[email protected]]

run it on red

do not put anything relating to "the removal of waste, arisings etc" in your quotes.

If you are stopped, its your own chip for your use , from your stance you are not paying or being paid for its transport , so long as quotes etc do not state this. You have been paid for the tree work,

(not the chipping or removal of waste) and you are having the chip / wood for your own personal use , its not being sold on.

we got stopped a while since, with chipper on front of tractor and silage trailer full of chip on back by vosa. They could not prove either way if its haulage for reward or the arisings (not waste) were for our own use.

As we stated in several letters to them that we were paid for dismantling the trees but chipped the brash to be used on our cattle tracks. Eventually no further action was taken and never heard a peep since.

Its a huge black hole and has little to do with what the mog is registered as, just make sure you don't stitch yourself into the seam by charging for removal of waste as that becomes haulage.

Carry on as you are until a definite answer can be clarified by the peps at VOSA.

this may/ may not be the way to go about it as its only my opinion of a past experience.

Im sure I will get crucified / corrected on here

Edited February 10, 2013 by [email protected]

[sideshow bob]

Sounds like the grey area surrounding agg speck vs highway just got murky,glad ive only got a car.

[combined tree services]

Thanks Andi , it was prety much what i have been looking at on the tinterweb , there was a case in 2010 where a fencing contractor was stopped and vosa tried to prosecute him for carryin old fence posts as "a load for hire or reward" he won the case in court . im hoping that my solicitor tomorrow will shed some light for me

[brynseiri]

I would stick to your guns, at the end of the day, you need to build a case unfortunatley. What I mean is, get some bona fide advice, don't ask the vosa man as he wants you to get an operator's licence, which I beleive is not needed for your use. The only road work your mog does is travel from site to site, you do not carry out road haulage for financial gain. Also, dont call your unimog an AG VEHICLE from now on, call it an AG TRACTOR, at least in writing to people (S) concerned. Independant advice is best, and find a decent solicitor who deals in road transport cases. IMO, you shouldn't be running on white diesel, and check that the use of white doesen't instigate opinion (nameley a judge and a jp) that using white means you need an OP - youv'e got to remember that judges arent too well up on matters themselves, but your solicitor will explain these things to you. Gather your evidence required after speaking to your solicitor, if he tells you you are within the law 100%, that means you telling him everything you do, then you are safe from VOSA. You then carry on as normal, dont give in, and if VOSA try to prosecute you, you are safe knowing they have no case, and you will get all your fees back, that's if it makes it to court, and that's a big if.Where do you park the mog overnight? how did vosa find out who you are and what your mog does? does where you park it have neighbouring houses who would complain?

[AA Teccie (Paul)]

Hi guys.

 

Im looking for some advice !!! we have been contacted by VOSA who tell me that they are interested in the running of my U1600AG UniMog , the kind Gent seems to think that we should be running our mog on an operators licence as the vehicle is used for haulage !!! i assured the gent that it was not used for haulage as the unimog is dedicated for chipping and that the vehicle is only used for chipping . this conversation went of for some time in which i was told that if i didnt accept what the gent was saying then simply he would catch me on the road and take me to court !!! Has anyone had any experience of such a situation with a unimog and would anyone care to give me some pointers please ?? this truly was the last thing i needed on monday morning after my partner gave birth to our firs child in the early hours of the morning , a day of joy and happiness was ruined by the "gent" from vosa .

 

Many Thanks

Dave

 

oh and before this possibly descends into a discussion about the colour of diesel we run the mog on white to ensure such questions can be cleared up quickly with customs !! that being said if the mog is off road working for weeks at a time it is then run on red and re filled with white before going back onto the public highway !

 

Thanks Again

 

Dave

 

UNIMOGS...fantastic vehicles, BUT potentially fraught with difficulties if registered as an 'ag', I alwys cringe if I see one on an ArbAC assessment...but love to have a ride.

 

This is interesting Agricultural Fencing Contractor successfully overturns decision made by VOSA | shropshirelive.com

 

Good luck.

Paul

[tjp1972tony]

Haulage does not apply as it carrige of your own goods,thats why you do not need an ops licence for tree work,when the truck is full of chips/timber its yours!