When you tow a trailer with a van or dual-purpose vehicle, the rules can get confusing. Do you need an O licence? What drivers’ hours rules apply? What are the maintenance requirements? What records should you be keeping?
Here, we explore all these questions to help you understand the implications of towing a trailer with a van or pick-up truck, and the dual-purpose vehicle exemption.
When is an O licence needed?
If the vehicle, or the vehicle and trailer combination, exceeds a maximum permissible mass of 3.5T (3,500kg), an O licence is required.
Vehicle > 3.5T à O licence Normally Required
Vehicle + Trailer > 3.5T à O licence Required
However, there are some exemptions to this.
Light Trailers
If you are carrying your own goods, the vehicle’s GVW is not more than 3,500kg and the unladen weight of the trailer is less than 1,020kg, an O licence is not required.
NOTE: This only applies if the vehicle and trailer is carrying your own goods. In any other case, this exemption does not apply and an O licence is required.
Dual-Purpose Vehicles
There is a relatively well-known O licence exemption surrounding dual-purpose vehicles.
However, we often see a lack of awareness surrounding the full details of when this exemption applies, and when it doesn’t.
If you are using a dual-purpose vehicle to tow a trailer, an O licence is not required.
BUT… What is a dual-purpose vehicle?
A dual-purpose vehicle is defined in the Road Vehicles (Construction and Use) Regulations 1986. This describes a dual-purpose vehicle as a vehicle which is constructed or adapted for the carriage of both passengers and goods or burden of any description, with an unladen weight of not more than 2,040kg and which either:
i) Is constructed or adapted to be 4-wheel drive vehicles (or that through the appropriate use of the controls, can be a 4-wheel drive vehicle)
OR
ii) Its construction satisfied the following conditions:
a) It is fitted with a rigid roof, with or without a sliding panel
AND
b) The area behind the driver’s seat must –
i) Be permanently fitted with at least 1 row of transverse seats (fixed or folding) for 2 or more passengers, which must be properly sprung or cushions and have upholstered backrests attached with to the seats or to a side or the floor of the vehicle.
ii) Has windows (of glass or other transparent materials) on each side and at the rear. The windows must have an area, or aggregate area, of at least 1850cm² on each side and at least 770cm² at the rear.
AND
c) The distance between the rearmost part of the steering wheel and the back rests of the row of transverse seats required in (i)* must be no less than 1/3 of the distance from the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle, when the seats are ready for use. *Where the vehicle has more than one row transvers seats, the distance shall be measured as the distance between the rearmost part of the steering wheel and the back rests of the rearmost row.
This is a complex definition.
A particular issue we see are some vehicles which operators believe is a dual-purpose vehicle, but the unladen weight is greater than 2,040kg. This immediately means the vehicle is not a dual-purpose vehicle, regardless of its other features.
NOTE: If the vehicle doesn’t fully meet the definition, it isn’t a dual-purpose vehicle, and you cannot claim this exemption.
Other Exemptions can be found in Annex 3 of the Goods Vehicle Operator Licensing Guide.
Drivers’ Hours Rules
If the maximum permissible weight of the vehicle, including any trailer or semi-trailer, exceeds 3.5 tonnes, and the vehicle is operated wholly within the UK or between the UK and EU, the assimilated or AETR drivers’ hours rules apply.
Whilst there are some exemptions to these rules, there are no rules which specifically apply to vans or dual-purpose vehicles. You should always review the rules and any exemption which you plan to use thoroughly, to make sure you understand it completely. It is best practice to document any exemption that you use and clearly identify why it applies.
Maintenance Requirements
It is vital that any vehicle which a company operates is maintained in a safe and roadworthy condition at all times. Failure to do so puts your O licence at risk.
For any vehicle or trailer in scope of O licensing, your specified PMI interval applies and you must comply with it.
The DVSA’s Guide to Maintaining Roadworthiness provides an examples of safety inspection forms for light goods vehicles (LGVs), and for small trailers (trailers with a gross vehicle weight ≤ 3.5t). Specific guidance in relation to brake testing small trailers with overrun brakes is also clearly outlined.
If the vehicle/trailer is not listed on your O licence, you still are responsible for ensuring it is safe and roadworthy. As such, you must be able to demonstrate that you follow robust procedures for regular maintenance. This should include servicing in line with manufacturer recommendations and adopting an effective driver defect reporting systems in line with best practice guidance.
The safe operation of any vehicle – including vans and cars – directly relates to the repute of the Company, Directors and Transport Managers.
Not sure if an exemption may apply to you?
Want a review of your systems for managing your fleet, including LGVs?
Give us a call!