A. Under ADR 9.1.3.4, it states, “The vehicle shall not be used for the carriage of dangerous good after the nominal expiry date until the vehicle has a valid certificate of approval”. This means that it can no longer be used to carry dangerous goods, however, if the vehicle has a valid MOT certificate, it can continue to be driven on a public highway. DVSA have recently confirmed that any grace period that they gave is no longer valid.
Q. We have several rigid vehicles that are fitted with rear mounted forklift trucks and have been told that they need to be taxed and insured so that we can use them on a public highway. Is this correct?
A. Forklift trucks can be licensed in several different taxation classes. Forklifts that are under 3,500kg should be licensed in the ‘Private/Light Goods’ taxation class, whereas electrically propelled forklifts should be licensed in the ‘electric vehicle’ taxation class.
For forklifts that are over 3,500kg, they would have to meet the following criteria to classed as a ‘works truck’ and licensed in the ‘Special Vehicle’ taxation class.
Schedule 1 (Part 4) of the Vehicle Excise and Registration Act 1994 defines a works truck as a vehicle that is –
(a) Designed for use in private premises, and
(b) used on public roads only:
(i) For carrying goods between private premises and a vehicle on the road in the immediate vicinity.
(ii) In passing from one part of private premises to another or between private premises and other premises in the immediate vicinity, or
(iii) in connection with road works at or in the immediate vicinity of the site of the works.
The term ‘immediate vicinity’ as used in the definition of ‘works truck’ is not defined in law, but as a guide it has been ruled that over 1,000 yards was not in the immediate vicinity. If the vehicle is used further than a limit of 1,000 yards, then it should be licensed in the ‘Heavy Goods’ taxation class.
