This means that the vehicle would need to be isolated until such time as the nest is no longer in use. If there is a threat to public Health and Safety, then a licence can be sought to make the necessary movement.
WINDSCREEN ISSUES
There was an issue during a recent windscreen replacement and the new one was not fitted. The agent has requested the vehicle is delivered to the workshop. Would it be possible to drive the vehicle to the garage without a windscreen?
Item 2 from Paragraph 31(2) of the Road Vehicles (Construction & Use) Regulations 1986 states any goods vehicle first used on or after 1 January 1959 must be fitted with a windscreen (made of safety glass).
Therefore, if your vehicle has no windscreen at all, it would be illegal to drive the vehicle, even to a garage for repair.
SECTION 88
How long does Section 88 cover a driver for?
One of the criteria to drive under Section 88 is that DVLA has received the correct and complete application within the last 12 months.
Therefore, if a driver continues to meet all the other required criteria, they may be able to drive for up to 12 months under Section 88. Once the driver receives their new licence, Section 88 automatically ceases.
A QUESTION OF SPEED
We have a dual-purpose vehicle that is registered as a light goods vehicle (N1) on its V5C. What speed limits apply to this vehicle – is it the same as rigid vehicles, or cars?
Because it is registered as an N1 vehicle (light goods vehicle up to 3,500kg), it will have to comply with the speed limits set for a goods vehicle (not more than 7,500kg maximum laden weight). This means:
- 30mph in built-up areas
- 50mph on single carriageways
- 60mph on dual carriageways
- 70mph on motorways (60mph if articulated or towing a trailer).
If the vehicle was registered as an M1 vehicle (passenger cars), speed limits applicable to cars, motorbikes and car-derived vans would apply.
FUEL FOR THOUGHT
We are a local council and some of our ground’s maintenance vehicles are required to carry small amounts of petrol for their equipment. How much are we allowed to carry?
You can carry up to 333 litres of petrol in the vehicle.
It must be carried in UN-approved containers and must be secured and stored upright to prevent spills. You could use straps to secure the containers if they do not crush the container. The vehicle should always be well ventilated to ensure that there is no build-up of fumes.
OPERATING CENTRE MATTERS
Owing to a new business opportunity, we have applied to add a factory unit as a new operating centre on our operator’s licence. The customer wants us to start the contract within the next three weeks. Can we use the factory unit as an operating centre whilst waiting for the application to be approved?
The legislation is quite clear on this matter. Section 7 of the Goods Vehicle (Licensing of Operators) Act 1995 states that, “A person may not use a place in any area of the traffic areas as an operating centre… unless that place is specified as an operating centre on their licence.” Any contravention of this requirement would be liable to a fine not exceeding level 4.
ENGINEERING EXEMPTIONS
We have our own workshop on site, and a mechanic with a C+E Licence and current Driver CPC (Certificate of Professional Competence) which expires early next year. As a technician, does he need to renew his Driver CPC? He only takes vehicles for MOT test, or road test, or occasionally picks one up from a site to then bring back for inspection.
There are two possible exemptions from Driver CPC that a fitter/mechanic may be able to use.
Firstly, the driver of “a vehicle which is undergoing road tests for technical development, repair or maintenance purposes, or that is a new or rebuilt vehicle which has not yet been put into service” is exempt from Driver CPC.
Secondly, the driver of “a vehicle which is being driven to and from pre-booked appointments at official testing centres, including driving vehicles carrying a load that is needed for a laden braking test” are exempt from Driver CPC as well.
DEFINING HORTICULTURE
Would you be able to define what would be classed “horticultural” use in relation to the changes in Notice 75 regarding rebated fuel?
A: HMRC Notice 75 defines horticulture as “the science and art of cultivating or managing gardens, including the growing of flowers, fruits and vegetables”.
