character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
  
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recon we'll all have to wait till 1st June but current thinking seems to be saying that so long as the equipment is your legal title or being hired by you and delivered/collected of your own accord, then yer dont need an OL at the moment even if the equipment being delivered has been paid for as in the case of a plant hire company 
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 12th Apr 2012 9:28 pm |
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sj9011
Member Since: 04 Jun 2011
Location: Southampton
Posts: 356
 
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I have it in writing from VOSA HQ that the Discovery is an exempt vehicle so does not need a O licence dated March this year
Sean
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| 13th Apr 2012 7:32 pm |
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character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
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lets have a copy....pm with email on its way 
BTW - depends very much on how you use the D3
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| 13th Apr 2012 8:36 pm |
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sj9011
Member Since: 04 Jun 2011
Location: Southampton
Posts: 356
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Pm sent, in my email to vosa I stated that I towed boats for profit/reward and use a tacho whilst doing so to the max 3.5t
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| 14th Apr 2012 8:42 am |
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DSL
Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 72901
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Doesn't all this depend on the courts' interpretation of the regulations, not VOSA. Just cos VOSA says you can do X or not do Y, the courts might think differently. 
Discuss.
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| 14th Apr 2012 11:31 am |
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Walkzinho
Member Since: 01 Oct 2011
Location: Chester
Posts: 140
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sj9011 wrote:I have it in writing from VOSA HQ that the Discovery is an exempt vehicle so does not need a O licence dated March this year
Sean
Please could you also send me a copy of that e-mail? Many thanks.
I use a Discovery to tow a 16ft Graham Edwards trailer for my marquee hire company. I also have a Transit LWB dropside that I was contemplating fitting a towbar to, I think I may have to revisit that option now.
Im slightly annoyed by the ambiguity of the DofT and VOSA with all this new legislation, VOSA have records of companies that have had taco's fitted why can't they distribute leaflets with all this info in?
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| 23rd Apr 2012 8:59 pm |
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Wack61
Member Since: 12 Apr 2012
Location: Uk
Posts: 6
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You shouldn't need an o licence for your business unless the trailer is over 1020kg unladen, if it is you'll need one whatever you tow it with
Thoughbthatbis just my personal view and shouldn't be relied on in a court of law
Do you have a tachograph in the disco
Last edited by Wack61 on 23rd Apr 2012 11:31 pm. Edited 2 times in total
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| 23rd Apr 2012 10:49 pm |
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Wack61
Member Since: 12 Apr 2012
Location: Uk
Posts: 6
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sj9011 wrote:Pm sent, in my email to vosa I stated that I towed boats for profit/reward and use a tacho whilst doing so to the max 3.5t
Did you tell them you use it for towing at a train weight of 6.5t
If you told them you use it to the max 3.5t they might think you deliver rowing boats on a 50kg trailer and are under 3500kg fully loaded including the trailer
It's a question that needs clarification because as soon as this grace period ends they'll have the right to confiscate your vehicle.
I submitted my application today.
£125 to put the ad in the paper
£250 to apply
£391 for the licence
£40 a year per vehicle.
I'm better off than most, I did my CPC 15 years ago and have somewhere to store the vehicle, I can see a lot saying sod it.
I would if I had to pay someone 8 hours a week to do naf all
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| 23rd Apr 2012 10:56 pm |
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character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
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Wack61 wrote:You won't need an o licence for your business unless the trailer is over 1020kg unladen, if it is you'll need one whatever you tow it with
Do you have a tachograph in the disco
is that a LEGAL opinion or just your own personal view, please be very careful not to post without a disclaimer of soughts as you might find yer hung out to dry
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| 23rd Apr 2012 10:59 pm |
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character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
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DSL wrote:Doesn't all this depend on the courts' interpretation of the regulations, not VOSA. Just cos VOSA says you can do X or not do Y, the courts might think differently.
Discuss.
Hit the nail on the head, as has been posted, you write to VOSA who see the phrase "Land Rover" in your description and automatically assume it is a DPV coz the legislation says "Land Rovers" however, and this is the big one, the kerb weight of any DPV has to be less than 2040kg as well as more than one passenger seat, able to go off road etc etc.
But, how many of you know the kerb weight of your wife's car - probably not many of yer so its not suprising yer VOSA desk jockey writes backs saying its a DPV and thus exempt from the need for an OL BUT IN DOING SO ALSO INCLUDES IN THEIR REPLY THAT THIS IS A VIEW OF THE AUTHOR ONLY AND NOT NECESSARILY THE VIEW OF THE LAW!!
Come 1st June (and there is talk about extending the cut off date even further), VOSA at the roadside and PC Traffic Officer (Heavy Unit) will either know as you come up the road or will weigh you off and then say yer not a DPV "oh and BTW, we're going to impound your vehicle and its load here and now - you'll have to appeal to the regional traffic commissioner within 21 days to get it back ahead of appearing in court to face a min of £5k fine, plus costs etc"
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| 23rd Apr 2012 11:13 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50966
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character wrote:DSL wrote:Doesn't all this depend on the courts' interpretation of the regulations, not VOSA. Just cos VOSA says you can do X or not do Y, the courts might think differently.
Discuss.
Hit the nail on the head, as has been posted,
This thread ...Page 9
DG wrote:This could go around in circles for sometime until the legislation is tested and can then be viewed from the point of case law rather than what is quite clearly a bunch of ambiguos interpretations from VOSA
Character ...I think you should put yourself forward as the chief tester 
21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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| 23rd Apr 2012 11:27 pm |
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Wack61
Member Since: 12 Apr 2012
Location: Uk
Posts: 6
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Character, do you have any more info on a possible extension of the grace period, I've put my application in but as I'm under the 9 weeks I was going to pay the £66 to get the interim licence.
If they're extending it I won't need to
I was also concerned to see the criteria for appeal if they impound your vehicle
The only grounds for getting it back are
You already have an o licence
You don't need one
The vehicle was being driven without your permission ie it was stolen
If you don't fulfil any of those criterior they keep it and sell it.
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| 23rd Apr 2012 11:28 pm |
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character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
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from those colleagues who have been pulled in the past few months on routine checks, my understanding is that so long as you have applied for one and you have recieved an email from traffic commisioner's office with an application number, then this is what VOSA will be looking for when they stop yer - so no need at present to get an interim licence (although the DofT would welcome yer money).
BTW has your advert been published as yet?
Given the huge number of new vehicles falling into 1071/2009, my view would be that the TC would find it hard to keep the vehicle but hey, will not know until there's a test case
Last edited by character on 23rd Apr 2012 11:38 pm. Edited 1 time in total
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| 23rd Apr 2012 11:34 pm |
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Wack61
Member Since: 12 Apr 2012
Location: Uk
Posts: 6
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character wrote:from those colleagues who have been pulled in the past few months on routine checks, my understanding is that so long as you have applied for one and you have recieved an email from traffic commisioner's office with an application number, then this is what VOSA will be looking for when they stop yer - so no need at present to get an interim licence (although the DofT would welcome yer money).
BTW has your advert been published as yet?
Yes, went in the paper Thursday
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| 23rd Apr 2012 11:35 pm |
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character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
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so have yer sent off yer application prior to the advert has expired - if so yer might want to wait a few days till it has otherwise your application will sit on a very large pile of incomplete applications 
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| 23rd Apr 2012 11:40 pm |
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