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It cannot be a works truck. Not sure where you’d find one, but the old list of exemptions changed and your example vechicle is not on the list on a V112G.
Why would you think it’s exempt!
To add more detail to Acorn’s post, if it’s for “crash protection”, then I assume it primarily operates on the road, not primarily on private premises, and these roads are not likely to fit the description below (immediate neighbourhood) therefore it can’t be a “works truck”.
Definition of ‘works truck’
Regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986, as amended, defines a Works truck as:
a motor vehicle (other than a straddle carrier) designed for use in private premises and used on a road only in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood, or in passing from one part of any such premises to another or to other private premises in the immediate neighbourhood or in connection with road works while at or in the immediate neighbourhood of the site of such works.
What is ‘immediate neighbourhood’ is a matter of judgement for the user of the road involved. Only the courts may provide a definitive interpretation of the distance that could be considered immediate neighbourhood but the department’s advice is that this is likely to be a very short distance.
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TokenYank:
Acorn:
It cannot be a works truck. Not sure where you’d find one, but the old list of exemptions changed and your example vechicle is not on the list on a V112G.
Why would you think it’s exempt!Well I’ve been told that the V112G was completed and sent off, and I’m being told that it’s now exempt from needing an MOT, and it was declared as a works truck.
It is used on a private road, however it’s a private road that is very busy and even though it’s technically a private road, it’s a very busy private road with speed limits (where the crash cushion is used) ranging between 30 and 50mph. This happens around 10 times a week.
The vehicle is driven on public roads when it is on the way to the private road where it gets set up and used with the cushion lowered.
It is also driven a good 10 miles down the motorway every week and then parked up back at work.
From the already mentioned V112G (My highlight)
“10. 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.”
We have had a thread recently about what is/isnt needed on what is/isnt “private” land. That might be relevant here?
trucknetuk.com/phpBB/viewto … e#p2873686
If the road is private, do the public still have access to it? If so then likely the same rules apply as to publicly owned roads.
If driving licence and insurance is required for vehicles on private land that the public can access, I would expect an MoT to be required too.
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TokenYank:
The HGV was classified under category 5, and not category 10. So the reason given was “5. Works trucks, straddle carriers used solely as works trucks, and works trailers.”Also Category 10 says that “For the purposes of this paragraph ‘public road’ means a road which is repairable at the public expense.” Which is not the case here.
How would Category 10 be applicable when it was Category 5 that was used to classify the vehicle as exempt from needing an MOT?
Good point, well made.
I think “Acorns" comment is still likely to be an issue. A "works truck” is surely a vehicle normally used (mostly) inside a works? Maybe taken on the road between work sites.
Not one driven 10 miles to access another site, which appears to be the case you describe.
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I can’t imagine a private road with a 50mph limit. Would love to know.
TokenYank:
Franglais:
TokenYank:
The HGV was classified under category 5, and not category 10. So the reason given was “5. Works trucks, straddle carriers used solely as works trucks, and works trailers.”Also Category 10 says that “For the purposes of this paragraph ‘public road’ means a road which is repairable at the public expense.” Which is not the case here.
How would Category 10 be applicable when it was Category 5 that was used to classify the vehicle as exempt from needing an MOT?
Good point, well made.
I think “Acorn
s" comment is still likely to be an issue. A "works truck” is surely a vehicle normally used (mostly) inside a works? Maybe taken on the road between work sites.
Not one driven 10 miles to access another site, which appears to be the case you describe.I feel that’s the case as well, but I’m having trouble finding anything that actually says that. I believe the individuals who made the changes were also unable to find this info, and possibly thought if they just submit the form, if it’s not the case, it will be rejected. Seeing the changes were made at the DVLA, it is believed the vehicle is appropriately categorised as exempt.
As I understand it, the category depends on the V112G being filled in accurately.
It isn`t routinely checked up on or verified. Any issues will only come to light if or when the smelly stuff gets spread around.
If someone says “this is a works truck” then it is assumed it is.
Have we seen this yet?
gov.uk/government/publicati … ork-trucks
"Definition of ‘works truck’
Regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986, as amended, defines a Works truck as:
a motor vehicle (other than a straddle carrier) designed for use in private premises and used on a road only in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood, or in passing from one part of any such premises to another or to other private premises in the immediate neighbourhood or in connection with road works while at or in the immediate neighbourhood of the site of such works.
What is ‘immediate neighbourhood’ is a matter of judgement for the user of the road involved. Only the courts may provide a definitive interpretation of the distance that could be considered immediate neighbourhood but the department’s advice is that this is likely to be a very short distance.
This definition covers a wide variety of vehicles that can be considered works trucks and, for example, vehicles such as fork lift trucks and dump trucks are likely to fall under this definition. However, given the definition requires the vehicle to be ‘designed for use in private premises’, ex road going vehicles such as old tractor units used as ‘shunters’ are unlikely to meet this definition."
Is 10 miles “immediate neighbourhood”?
If a derogation up to 6 miles is offered elsewhere, then 10ml seems too much to me.
Is a cushion vehicle “designed for use in private premises”?
Surely it is designed for use on open roads?
stu675:
I can’t imagine a private road with a 50mph limit. Would love to know.
Possibly an airport.
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Franglais:
Have we seen this yet?
gov.uk/government/publicati … ork-trucks
Seen? It was posted as number three post in the thread but I’m not convinced it was seen/read
Just because an application was not rejected does not equate to it being accepted, there are countless incidents of DVLA et al dropping the ball (eg “lost” HGV entitlements) so they are most definitely not infallible and I for one would not rely on DVSA or Plod accepting it was DVLA’s fault.
I once had some artic tractor units supplied (direct from the main dealership) with incorrect revenue weights on the V5(C), the VED renewal came through as £80 for the year, rather than £850. Kerching! 
I could have let it lie, but I didn’t let it lie because I knew there would be zero chance of HMRC letting that pass unpunished, and would expect the worst possible response from them - vehicle seizure, with a snowball’s chance in hell of having it returned.
Caveat emptor! Token
Zac_A:
Seen? It was posted as number three post in the thread but I’m not convinced it was seen/read
Yep… 
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TokenYank:
when it came into the fleet, it was decided that it should be classified as a works truck, and this definition says that decision was a mistake.I have my suspicions why the decision was made to make it MOT exempt, but that would be impossible to prove.
I have been contacted by the big boss man who has said that when the vehicle was purchased, it was made MOT exempt due to the 2019 classification changes that allowed it, and reassured that everything is compliant.
In your shoes I’d be concerned that your bosses seem to think they had pick ‘n’ mix options to choose from (hence my underlining), rather than them clearly establishing whether an exemption was legally available.
TokenYank:
If there were to be an RTC and I was taken to court, I would hope that this email would show I did question the legitimacy of the exemption, and was informed that the change was completely legal and above board.Am I completely wrong?
It would be a decent start but I personally wouldn’t sleep easily on that, if you’re the TM it’s on you to establish the facts, even though you’ve inherited the situation from a predecessor.
I can tell you that our (north east) TC would probably say something along the lines of “The information is freely available in the public domain (the internet) and ignorance of the rules is no excuse”
Works truck definition fits things like dumper truck, FLT but not your cushion.
They have, IMHO, classified it incorrectly, and you can’t blame DVLA for accepting it. It’s the owners responsibility, especially when they ar e looking for some form of exemption.
If, however they had classed it as engineering plant then they might have been closer to trying to find an exemption, unlikely but at least it could be driven from site to site, unlike the works truck.
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TokenYank:
Acorn:
Works truck definition fits things like dumper truck, FLT but not your cushion.
They have, IMHO, classified it incorrectly, and you can’t blame DVLA for accepting it. It’s the owners responsibility, especially when they ar e looking for some form of exemption.
If, however they had classed it as engineering plant then they might have been closer to trying to find an exemption, unlikely but at least it could be driven from site to site, unlike the works truck.As the driver, I have tried to tell them, and I’ve just got an email back saying they are correct. What else could I do?
You are in a hard place. But I don`t think you are truly in the wrong.
You have asked to see the Mot but have been told the vehicle is exempt.
Maybe, that exemption is wrongly given because of false information on the application for exemption. but you did not fill out that form, and cant reasonably be expected to check all forms sent in by your managers, can you? It isnt for you to check all admin and to second guess decisions by the DVLA.
I would argue you have done all you reasonably can.
Alternatively, you could approach the Traffic Commissioner yourself?
Depending on how they do things you could incur the wrath of your bosses as trouble maker. You shouldn`t, but in the real world?
Even if you did it anonymously it might be obvious where the tip-off came from.
Awkward.
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