Hi all
The best that can be said legally, is that it doesnt appear to be ilegal to the extent that the law is a total mess and they are Highley unlikely to be able to make any charges stick. The problem they have (prosecution) is that courts will only apply the law as written (we can all see what they meant the law to say, but it doesnt actually say what they mean, Due to the Goods vehicle references in the law) although all the DVLA docs are careful to avoid using Goods Vehicle now. If they point you to the law, all over 7.5 tonnes are described and refered to as Heavy Goods Vehicles, Goods and burden for Trade and in connection with a business. all of which as not a thing to do with motorcaravans.
This mess is I believe why they dont even try to prosecute, which in turn means the insurance companies dont want to be the long winded expensive test case (but thats me guessing at their motives)
Initially DVLA will send out leaflets, which clearly state that its their interpretation of the LAW, when you ask for clarification of which statute they quote the Licencing law that Jonathon listed a few pages back, this is were it gets complex and boring, because that is an amendment to a previous law it doesnt completely supercede it, when you point out the fact that it refers to GOODS VEHICLES they say that a motor caravan is a goods vehicle.
The earlier legislation refers to construction and use dept as the arbitors of what a vehicle is and they say that a motorcaravan is NOT a goods vehicle. THIS is the most important word to remember.
So the legislation doesnt cover motorcaravans (with regard to licencing)
The only court case that ever came close the prosecution withdrew after 3 appearances and 2 Adjournments and awarded all costs to Travelworld citing lack of evidence, this was clearly not the case and if you ring and ask (CPS) you can tell they are uncomfortable talking about it, especially when you mention all the evidence that is still there signed statements etc which would be more than enough to convict if there was actually a law to cover it.
Every area you look at says its not HGV or commercial, Tachographs, speed limitors, lane restrictions, operators licences, HGV testing, even in the real world as you have found, insurance companies are happy and do not try to avoid paying out even on substantial claims, The local traffic police legal dept just say to send them on their way
The reality is not because they are fully legal, more that they cant find a way of proving its against the law.
I think we all know what they want the law to mean, its just that it doesnt conform to what they want it to mean. This means that it would not stad up in court.
Sorry if that repeats a bit had to do a job in between.
Ray what it all means is that no-one will stick their neck out and confirm in writing
George