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Firstly, Apologies, as I know that some of this has been discussed on MHF before, but I am unable to find it despite a long trawl.
I am uncertain whether DVLA are correctly classifying MHs over 3500kg when they classify them as PHGV.
Can somebody with good knowledge please straighten out my understanding.
I am aware that the definition of a 'Goods' vehicle is 'one adapted for the carriage of goods'.
Leaving out, for the moment, the argument about whether certain items in the garage are necessary for the private use of the vehicle, if a MH described by DVLA on the V5 as 'BODY TYPE - Motor Caravan' does this description mean they have accepted the vehicle as not being a 'Goods Vehicle'?
PHGV is defined as a 'Goods Vehicle with Revenue weight in excess of 3500kg, used privately' To be a PHGV it would follow that it first has to be a 'Goods' vehicle, if not it is not a PHGV. Is this correct?
On another point;
DVLA 'Notes', so not the definitive law, state:-
"NOTES ABOUT TAX CLASSES
INTRODUCTION
Vehicles are classified for tax purposes according to their construction and the purpose for which they are used. The main classes and eligible vehicles are listed below:-
CLASS TYPE OF VEHICLE AND/OR USE
Private/Light Goods (PLG)
Vehicles registered before the 1.3.01: Private motor cars; goods vehicles not more than 3,500kg revenue weight; vehicles used for “private” (non-trade or business) purposes (including 3 wheeled vehicles over 450kg unladen). Vehicles registered after 1.3.01: vehicles that do not come into the scope of the first six tax classes, listed below."
[The next six categories are all specifically for vehicles under 3500kg so not relevant]
So, according to the paragraph above, a vehicle over 3500kg registered after 1.3.01, for which there is no reference to weight, and not and not falling within the six categories, is a 'Private/Light Goods (PLG)' vehicle.
Are the Notes contrary to the definitive law on this point?
I know that P/LGV are taxed higher, but I have a couple of reasons why a re-classification might be advantageous.
Any help please - even if it is just to where the answer is that I may have missed?
One is the EU DEFINITION OF VEHICLE CATEGORIES AND VEHICLE TYPES. this categorises motor caravans within 'Motor vehicles with at least four wheels designed and constructed for the carriage of passengers
The other is the rate charged for road tax (fund) purposes is a local issue. Here it has been decided to accommodate the vehicle into an existing rate structure (probably as a result of laziness and no interest in assigning a dedicated category)
Here in Ireland 'motor caravans', for road tax purposes' are in the same charging structure as cars used on offshore islands and some road going construction equipment.
Here Body Type and Motor Tax class, in line with EU directive above as motor caravan, as is the EU category which is M (passenger vehicle).
While DVLA can impose whatever road fund licence rates the Government wishes, the category assigned to any vehicle is set out in the above directive.
______________________________________________________________ Slán go fóill agus go n-éirí an bóthar leat
Thanks. Unfortunately your EU link did not work, but I seem to recall that Directive and those vehicle category definitions apply to vehicles registered after mine (April 2003). Am I correct?
Re the laziness, I suspect DVLA might have applied the same 'scientific' approach!
I'm not sure if this will help but the definitions are laid down in the C&U Regs. They are:
goods vehicle-a motor vehicle or trailer constructed or adapted for use for the carriage or haulage of goods or burden of any description.
passenger vehicle-a vehicle constructed solely for the carriage of passengers and their effects.
The department of transport has decided that a motorhome is a passenger vehicle (with the exception that you want to avoid getting into actually demonstrating the thinking). I have seen it described on their website as a modified passenger vehicle. It is this thinking that allows motorhomes to fall into the car speed limit categories. (Yes, I know - the 3050kg thing - don't go there )
As I understand it the taxation class is purely a weight thing around the 3500 kg figure. Oddly the heavier vehicle is cheaper to tax
'As I understand it the taxation class is purely a weight thing around the 3500 kg figure. Oddly the heavier vehicle is cheaper to tax Confused'
Certainly the DVLA use it for tax purposes, but other agencies state that the DVLA are the statutory authority for recording vehicle details and therefore those authorities are entitled to rely on DVLA records, unless challenged. I have not delved into the law on DVLA's authority - maybe tomorrow.
There is a BIG difference between "vehicle type" classification as in Motor Car, Large Goods Vehicle, Motor bicycle etc etc and "vehicle taxation" class.
For some odd reason one has little bearing on the other and taxation class is weight dependant, therefore a "motor caravan" over 3500Kg MAM is classed as a Private Heavy Goods Vehicle and attracts a lower Road Fund Licence (tax disc) cost than a lighter vehicle. No I have nom idea why, just gratefull for the cheaper annual bill !!
If you look at a coach weighing something like 12000 Kg you will see the annual Road Fund Licence is only about £350, many cars are a LOT more than that and which ones damage the roads the most ????? Dont try and apply ANY logic, there isnt any
Of course once you gte over 3500Kg you are into another driving licence category UNLESS you passed your car test before 1st Jan 1997
"...therefore a "motor caravan" over 3500Kg MAM is classed as a Private Heavy Goods Vehicle..."
Can you please explain why it is a 'Goods Vehicle' at all? Was it because DVLA could not find a category and made an executive decision, which may not be based on legislation?
I am not concerned with taxation rates. I am concerned, because other agencies rely on DVLA classification, on the basis DVLA are the statutory body for classification.
Can you shed light on the legal basis for other agencies entitlement to rely on the DVLA info please?
Also, since Mr.Plodd used the term MAM and other agencies use GVW, can anyone explain the legislative difference between the two?
I started to read into it too and will get back to it tomorrow, but on the face of it, the Secretary of State may make regulations for the provision of data (at a price)
BUT has the S. of S. done that? And what entitles another agency to rely on it, even if provide by DVLA, rather than collect their own information?
I will pursue. Probably by FOI requests to the agency - let them do the work!
Also, since Mr.Plodd used the term MAM and other agencies use GVW, can anyone explain the legislative difference between the two?
Geoff (aka 'Dog with a bone')
In the context you are talking about they are the same thing;
'Maximum authorised mass'
The term maximum authorised mass (MAM), used in the context of driving licences, is the maximum weight of a vehicle or trailer including the maximum load that can be carried safely while used on the road. This is also known as gross vehicle weight (GVW) or permissible maximum weight. It will be listed in the owner’s manual and is normally shown on a plate or sticker fitted to the vehicle. The plate or sticker may also show a gross train weight (GTW).
Obviously besides driving licences the same interpretation is used where it effects Vehicle Excise Duty groups.
Vehicle classifications are detailed in Vehicle Excise and Registration Act 1994. DVLA are the Licencing authority and they apply the rules in line with the act and as interpreted by the DTF.
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