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From
Newsletter 1/2004
LEGISLATION AND FUELS
David Hurley
Chairman Legislation and Fuels Committee
Road Humps
After analysis of the responses on this subject, the Legislation
sub-committee has formulated a plan of action.
We have requested
further information from the Transport Research Laboratory (TRL)
and we are approaching the Local Government Association (LGA)
regarding the inconsistencies in construction of speed humps
and the variation of approach slopes. We will also be approaching
the Department of Transport about monitoring and legislation.
Abandoned cars
This relates to the reduction of notice period on private land
before a vehicle is removed.
No statutory
instrument had been tabled (at 15 January) but we understand
that FBHVC's response to the consultation has received high
level consideration. It is hoped that we will be able to report
further in the next newsletter. We have to acknowledge the assistance
of the Parliamentary Historic Vehicles Club and several other
MPs approached by FBHVC committee members.
Use of mechanically
propelled road vehicles on rights of way
Shortly before Christmas, the Department for the Environment,
Food and Rural Affairs (DEFRA) published a consultation on various
proposals that it wishes to implement to tackle problems caused
by the use of motorised vehicles on unsealed roads and tracks
that is described as 'behaviour that causes distress to others
seeking quiet enjoyment of the countryside'.
That there are
problems due to excessive use of 4 x 4 cars/trail bikes/quad
bikes etc. in some parts of the country is undeniable. However,
many of these problems have been allowed to occur through widespread
failure to enforce existing measures. This has been exacerbated
by a parallel failure to maintain the footpath network, which
in turn forces ramblers to use the tracks that also attract
off-road vehicle users, and this conflict of use has led to
occasional angry scenes. FBHVC supports the elements of DEFRA's
proposals that would see better enforcement of existing regulations
but opposes the creation of yet more red-tape with the inevitable
accompanying confusion.
FBHVC is in
discussion with the Land Access and Recreation Association (LARA)
and will be responding to the consultation accordingly. Clubs
that have an interest in the use of minor roads and tracks for
events are urged to obtain a copy of the consultation and to
make their own responses direct to DEFRA. Copies may
be obtained from DEFRA Publications, Admail 6000, London SW1A
2XX. Tel: 0845 955 6000 or e-mail: defra@iforcegroup.com. Quote
reference PB 8923. Further information may also be seen at the
LARA web site www.laragb.org
FBHVC has prepared
a two-page summary of the background and proposals for those
who are interested but don't want to read the full 38 page consultation
- this is available at www.fbhvc.co.uk or can be sent on receipt
of a stamped addressed envelope marked 'Rights of Way'.
Steam engine
boiler door seals
When the legislation banning asbestos products was introduced,
some special cases where there was no known suitable alternative
material were allowed a 'derogation' for a limited time while
other materials were developed. The seals for the inspection
doors on steam boilers was one such case, and the regulations
permitted the manufacture, supply and fitting of asbestos seals
for this purpose until the end of 2003.
Although it
is understood that an alternative material may have been developed
in 2003 (Letter, Autumn issue of Steaming, the journal of the
National Traction Engine Trust) this has not yet been thoroughly
proved. NTET and the Heritage Railway Association therefore
approached the Health and Safety Executive during the autumn
of 2003 seeking an exemption certificate to allow the continued
use of asbestos for this purpose. FBHVC became aware of the
problem at the end of November and made a submission to H &
SE in support of the previous applications. An exemption certificate,
lasting for one year only, was issued in December. Unfortunately,
the base EU directive which the UK regulations were implementing
prevents any further extension beyond the end of this year.
It is hoped that the new material can be properly proved in
the meantime.
Kent Act
At the time of going to press, there is no further news of the
suggestion that the government might be planning to extend the
provisions of the Kent Act. We have found
several other local acts, dating from 1980 onwards, giving similar
powers to that of the Kent Act.
These generally
require those holding occasional sales to notify the local authority
three weeks in advance of the date of the sale and to provide
details of the names and addresses of the organisers and promoters
of the sale. Some also require registration of dealers in second
hand goods. In general, it seems these powers are not enforced
particularly vigorously, if at all. Where the Kent and Medway
Acts differ is in the burden of record keeping imposed on organisers
of occasional sales who not only have to provide the basic information
about who they, the organisers, are, but they also have to record
the names, addresses and vehicle registration numbers of stall
holders. There are burdensome requirements for those who are
dealers in second-hand goods.
None of these
local acts seems to make a clear definition of what is second-hand,
nor what constitutes a dealer in second-hand goods, although
it is implicit that a person who purchases items to re-sell
must be a dealer.
Disposing of
scrap vehicle parts
Members of a subscriber club in Somerset reported difficulty
in disposing of vehicle parts at local authority 'Household
Waste Recycling Centres' (HWRC). The centres will accept a central
heating radiator, but not a car radiator; they will accept an
armchair, but not a scrap driver's seat; they will take rusty
corrugated iron, but not a pair of rusty wings.
FBHVC took this
up with Somerset County Council (SCC) who replied that HWRC's
are licensed by the Environment Agency under the Controlled
Waste Regulations of 1992 to accept only household waste, and
they argue that vehicle parts are industrial waste. The regulations
certainly contain the statement that 'waste which has previously
formed part of any aircraft, vehicle or vessel and which is
not household waste' should be treated as industrial waste;
but the same regulations also make it clear that waste stemming
from a private garage should be considered as household waste.
SCC say that, as a special concession, they will accept tyres
(maximum of five), batteries, waste engine oil and filters,
but refuse anything else from a vehicle pointing out that council
tax payers in general should not be expected to subsidise those
who have hobbies that generate out-of-the-ordinary waste. There
is no doubt that disposal of waste of all sorts is a huge problem
that costs us all large amounts but it seems unreasonable to
penalise those who have the maintenance and restoration of motor
vehicles as a hobby by preventing them disposing of odd bits
and pieces.
Before taking
matters further with SCC, FBHVC would be interested to know
of the situation in other parts of the country: is SCC alone
in refusing scrap car parts? Have you been refused the opportunity
to dispose of parts at your local amenity site? Have you been
welcomed with a whole body-shell? Please ask your members to
let us have their waste experiences - preferably by e-mail to
the secretary. We need to know if this is a significant national
problem that requires action or simply a local difficulty.
Paint
We understand that the directive limiting the Volatile Organic
Compound content of vehicle refinishing products was subject
to an enquiry (a written procedure consultation of Member States)
that formally expired on 7 January. This enquiry is unlikely
to affect the exemption for materials for re-finishing historic
vehicles that was included in the political agreement reached
in 2003, but at the time of writing we had not had final confirmation
that this was the case.
Trailers
Although not directly related to the use of historic vehicles
on the road, we are frequently asked about the rules governing
the towing of trailers. There are two aspects to this: the vehicle
regulations and personal licensing considerations. This item
outlines the former.
The law on trailer
construction is contained in the Road Vehicles (Construction
and Use) Regulations 1986 (as amended) and the Road Vehicles
Lighting Regulations 1989 (as amended). There is a distinction
between light trailers (defined as those with a maximum laden
weight of under 3500kg) and others. What follows relates to
light trailers only.
There is no
specified relationship in UK law between the weight of the towing
vehicle and the weight of the trailer; however, in the case
of cars and other passenger vehicles with seats for eight or
fewer people besides the driver, the maximum permissible trailer
weight quoted by the towing vehicle's manufacturer should not
be exceeded. It would be open to the courts or insurance companies
to take the view that exceeding this limit constitutes negligence,
rendering the driver potentially culpable in the event of an
accident.
The maximum
laden weight of a trailer towed by a light goods vehicle depends
on the manufacturer's quoted maxima for gross train weight,
gross trailer weight and gross laden weight. None should be
exceeded.
Unless the trailer
towing vehicle is a motor tractor or a locomotive, as defined
in the Road Vehicles (Construction and Use) Regulations 1986,
there is no need to display notices of unladen weight of either
trailer or towing vehicle.
Maximum dimensions
for light trailers towed by vehicles with less than 3500 kg
maximum gross weight are 2.3 metres wide and 7 metres long.
If the trailer
maximum laden weight is over 750kg, it must be fitted with brakes.
Also, it is illegal to use a trailer without brakes if its laden
weight is greater than 50% of the towing vehicle - so if the
towing car weighs a tonne, any trailer above 500kg laden weight
must have brakes. Overrun type brakes are permitted on light
trailers (i.e. those up to 3500kg maximum laden weight). More
sophisticated systems are required for heavier trailers. Precautions
must be in place to control the trailer in the event of separation
of the main coupling. This may be provided by some secondary
coupling keeping the trailer attached to the towing vehicle
if the maximum laden weight of the trailer is below 1500kg,
but must take the form of a device to apply the trailer's brakes
if the trailer is above this weight.
Trailer lights
must match those on the towing vehicle, and rear lights must
not be more than 400 mm inboard from the widest point of the
trailer, and should be at least 500 mm apart. Front position
lights are a requirement for trailers over 1.6 metres wide and
side marker lights are recommended for trailers over four metres
long and mandatory for those over 6m long unless they are caravans
or boat trailers.
Number plates
must be those of the towing vehicle. It is permissible to use
the rear plate of the towing vehicle on the rear of the trailer,
but this is not recommended as it would be too easy to forget
to put the plate back on the towing vehicle when the trailer
is detached.
There appears
to be nothing to prevent a car being trailed on its own wheels
using an A frame towing link provided all aspects of the above
limits and lighting regulations are met. In practice, and because
of the 750kg maximum weight for an un-braked trailer, this will
be difficult to achieve for all but the lightest trailed cars.
Two wheeled 'ambulances', where two wheels of the towed car
are mounted on what is effectively a short two wheeled trailer,
are acceptable if the ambulance itself has overrun brakes. These
devices are generally used only for rescue purposes over short
distances and are not recommended for longer distances. Great
care needs to be taken to ensure that the rescued car is securely
attached to the ambulance.
DVLA
Sandy Hamilton
Revised V765 documents have been sent out to existing participants
and also to those clubs or individuals who have advised FBHVC
that they would like to be included. DVLA has set a reply deadline
of 12 February so please do not delay your response.
In the last
newsletter we advised that the phone number for the enforcement
section of the Register of Number Plate Suppliers would shortly
be changed. If you wish to advise infringements of the regulations
for the supply of replacement plates, in particular suppliers
not asking for relevant documentation at boot sales or markets,
the revised phone number is 0870 600 1016. This will assist
DVLA in convincing sometimes indifferent trading standards departments
or police forces to address the issue. The need for original
identity papers introduces unacceptable risks when non-reflective
historic plates are no longer available from high street sources.
When these procedures are reviewed towards the end of 2004,
FBHVC intends to press the case for exempting the very small
number of replacement historic plates from the more onerous
regulations.
Many of you
may have noticed the television adverts pointing out the new
licensing/SORN provisions that we advised in the last newsletter.
While DVLA runs a very efficient operation with rigorous checking
procedures, they have to send out many millions of notices each
year and no system is absolutely foolproof. It is also not unknown
for the Royal Mail to lose or fail to deliver items! We suggest
everyone should make a note of the expiry date of any declarations
so that they do not accidentally fall foul of the penalties,
and to contact DVLA promptly if they have not received a reminder.
Further to the addition of barcodes to tax discs, when you declare
SORN at a post office the clerk will now attach the 'nil' receipt
to the renewal notice and return both to you. The declaration
will only have been sent to DVLA by barcode scanning of the
relevant documents so it is imperative to retain these papers
as your sole proof of compliance.
The secretary
was recently contacted by a member of a subscriber club who
was concerned to be told by a DVLA prosecutor that he needed
to declare SORN on a restoration project that he bought last
year - despite the vehicle having been off the road for over
20 years. It had been the subject of a successful V765 application
shortly after purchase. We immediately advised our contacts
in DVLA who very promptly confirmed that was an incorrect interpretation
of the regulations and that no SORN declaration is required
if there has been no licence or SORN application since January
1998 regardless of the change of keeper; the local DVLA office
concerned was reminded of the correct policy. If any members
have had a similar experience, please advise the secretary and
we will endeavour to assist.
At some stage
in the near future supplies of un-issued 'traditional' age related
marks with 'letter/number' configurations will be exhausted.
It is quite possible therefore that DVLA will require to issue
marks in the 'number/letter' sequences. This may not suit every
applicant but we have to recognise that the supply is finite.
We are fortunate that we still have the ability for allocation
of historic style marks as most other countries, globally not
just Europe, require contemporary styles and can enforce this
retrospectively. Note the story mentioned below from one of
our near neighbours.
We have received
details of changes that will occur in France coincident with
their change from a Carte Grise to the new Harmonised Registration
Certificate. As with GB a few years ago, their current system
of registration marks is nearing exhaustion and the new system
is being imposed over a two year period on all vehicles - without
any exceptions. The old departmental registrations are being
abolished and a vehicle will retain its mark for life with no
change when a keeper moves residence to another Departement.
Compensation, if any, for loss of existing cherished marks has
not yet been agreed with their Ministry.
We may grumble
in this country about some of the proposals that come forward
from time to time but should be thankful that our legislators
do consult us and remain open to constructive suggestions that
do not hinder the continued, unrestricted enjoyment of our historic
vehicles. Vigilance remains the key.
INSURANCE ISSUES
Public liability insurance and associated employer liability
and product liability insurance remain a major headache for
many clubs. It is illegal for limited companies to operate without
employer liability cover (which can usually only be acquired
as an add on to a public liability policy), and decidedly unwise
for any club that does anything other than provide an exchange
of information to operate without public liability insurance.
The problem is that the minimum premiums being charged by insurers
are often out of all proportion to the level of activity and
turnover anticipated: this is particularly true for product
liability where it is not uncommon to hear of four-figure minimum
premiums, exclusions for parts that might be fitted to vehicles
and high excesses: not much help if your club is wanting to
sell spares that are not available elsewhere.
Product liability
remains the most difficult hurdle to overcome: in many cases,
it is simply impossible. Footman James are generally able to
renew existing cover at relatively reasonable rates, but new
business, especially if there is a hint of selling to North
America, can attract massive premiums. The only possibility
for a solution that has not yet been discounted is for clubs
to join together to put their spares operations into one large
body that would be professionally run and be big enough to sustain
the full costs of product liability. The logistics are mind-boggling:
it is difficult enough to get agreement within clubs on sensitive
issues, let alone between clubs - and it is inevitable that
any such arrangement would mean an increase in costs that no-one
will welcome. The idea, however, has not yet been written off.
On the purely
public liability front, FBHVC has, so far, been unable to find
any insurer that will quote less than £250 as a minimum
premium - that means that the scheme arranged with Footman James
remains the best for smaller subscriber clubs. Larger clubs,
whose premiums are in four figures anyway, may find competitive
quotes elsewhere but it is essential to check the small print
as geographical limitations and high excesses may apply. FBHVC's
feeling is that insurance is going to become ever more difficult
and has been looking at ways in which it might help alleviate
the pain. Unfortunately, a block FBHVC policy is not going to
work, partly for technical financial services regulation reasons
and partly because of the disparate nature of member organisations.
The research continues: meanwhile, the secretary can provide
proposal forms for the Footman James scheme, or Footman James
can be contacted directly on 0121 561 4196.
INDEMNITIES
FOR EVENTS
FBHVC has given many a warning in the past about the need for
the indemnities that organisers expect event entrants to sign
to be fair. Equally, participants have been warned not to enter
events where the indemnities required sign away their legal
rights.
Event authorising
bodies, such as the Motor Sports Association, the Autocycle
Union and the National Traction Engine Trust have standard indemnities
that meet the requirements appropriate for each type of event,
but to help organisers of events that are not run under any
higher guidelines, FBHVC has prepared a standard indemnity that
is being checked by the insurers behind the FBHVC/Footman James
insurance scheme. This should be available by the end of February
- please send a stamped addressed envelope marked 'Indemnity'
to the secretary or request a copy by e-mail.
Back
to Top
From Newsletter 2/2004
LEGISLATION AND FUELS
David Hurley
Chairman Legislation and Fuels Committee
Abandoned vehicles
The government has withdrawn its plans to reduce the notice
period prior to removal of vehicles apparently abandoned on
private land. The self-explanatory text of the letter from Francis
Hughes at DEFRA advising this decision is reproduced in full:
We consulted
in July 2003 on reducing the statutory notice period for occupiers
of private land to object to the removal by a local authority
of vehicle(s) abandoned on their land. This letter is addressed
to the chief executive of all waste collection, waste disposal
& joint waste disposal authorities in England and those
who responded to the consultation.
The consultation
closed on 24 October 2003 and we have now completed our consideration
of the responses received. Local authorities were generally
in favour of the proposal although some shared the reservations
put forward by those restoring cars and classic car owners,
that reduction of the statutory notice period to five working
days was insufficient time for private occupiers to respond
given the possibility of holiday or business absence, or delays
in the postal service.
We have therefore
decided not to make any change and to leave the statutory notice
period at 15 days, because any benefits of shortening the notice
period are outweighed by the practical difficulties referred
to in the preceding paragraph. In addition, the Human Rights
Act 1998 gives protection to an individual's private property
and a reduction in the statutory notice period would adversely
affect their rights in this respect.
However there
are two areas where we do intend to take further action.
First, it is
clear both from responses to an earlier consultation in 2001
and to the present one that some local authorities are not fully
cognisant with the procedures that they are meant to follow
when dealing with vehicles abandoned on private land. We will
therefore be producing definitive guidance shortly as part of
a wider national approach to tackling the problem of abandoned
vehicles and will write to you again once it is complete.
Second, although
we have decided not to reduce the statutory notice period, we
are very keen to explore alternative mechanisms for tackling
cases where occupiers fail to report a vehicle abandoned on
their land. We will be working with the Association of London
Government, the Chartered Institution of Wastes Management and
the Local Government Association to take this forward starting
in February, and would be interested to hear your views on the
scale of the problem and any suggestions for solutions. These
will be passed to the working group for their consideration.
David Hurley,
chairman of the FBHVC legislation committee, was already in
correspondence with the Chartered Institute of Wastes Management
over what we perceive to be inadequate guidelines for council
officials seeking to determine whether or not a vehicle has
been abandoned. We have asked DEFRA that FBHVC should be involved
in both processes.
End of Life
vehicles
A recent consultation on proposals for the transposition of
Articles 5 and 7 of the End of Life Vehicles Directive into
UK law has had widespread distribution. The consultation relates
to the responsibilities of producers and importers of new vehicles
in respect of dismantling and recycling vehicles for which they
have responsibility. It also proposes requirements for 'treatment
networks' and recycling targets. It does not affect historic
vehicles in UK.
Use of mechanically
propelled vehicles on rights of way
The consultation reported in the last issue closed on 19 March.
The text of FBHVC's response can be sent by e-mail on request,
or a hard copy will be mailed on receipt of a stamped addressed
DL or C5 envelope marked 'MPV response' in the top left corner.
The Land Access
and Recreation Association (LARA) offers advice and training
for clubs that have an interest in using tracks in the countryside.
The Trail Riders Fellowship and Green Lane Association (both
full members of LARA) have taken the lead in protecting motor
vehicular rights by claiming old roads as BOATs (Byways Open
to All Traffic), but there is a limit to what they can achieve
on their own, and clubs that make use of such tracks could help
enormously by becoming active in this area.
Any clubs that
are interested in learning about this process should contact
to Tim Stevens, Motor Recreation Development Officer at LARA,
PO Box 20, Market Drayton, TF9 1WR phone: 01630 657627 fax:
01630 658928 hq@laragb.org. Further information may be seen
at the LARA website www.laragb.org
Road charging
for commercial vehicles
The Department for Transport issued a consultation on proposed
changes to Directive 1999/62/EC on the charging of heavy goods
vehicles. The original directive sets out rules governing the
use of tolls, user charges and vehicle excise duty for heavy
goods vehicles. Neither the original directive nor the consultation
for change (which both clearly relate to the current commercial
use of such vehicles) specifically preclude preserved commercial
vehicles that are now used unladen for private purposes.
When this was pointed out to the relevant official at DfT, we
were assured that there was no intention to start levying commercial
charges on preserved HGVs. We have responded to the consultation
urging that preserved HGVs used privately and unladen should
specifically be excluded.
Disposing of
scrap vehicle parts
It is clear from the response to the item in the last newsletter
that there is a huge variation in attitude to disposing of scrap
vehicle parts between different councils up and down the country:
some so-called recycling sites seem willing to accept virtually
complete cars, others will not accept any vehicle parts other
than oil, filters and batteries.
We are continuing
to research this issue with a view to seeking a more even handed
approach that will not encourage the irresponsible to use hedgerows
and ditches in place of the local authority amenities.
Parliamentary
Historic Vehicles Club
FBHVC vice-president, Geoff Smith, attended a meeting of PHVC
at the House of Commons at the end of January. Lord Montagu,
president of both organisations, was present. Topics under discussion
included a return to a rolling date for the Vehicle Excise Duty
exemption for older vehicles and the duty on leaded petrol -
Greg Knight MP agreed to seek a meeting with the Chancellor
to discuss these issues; police attitudes to road events - Kelvin
Hopkins MP agreed to write to the Chief Constable of Bedfordshire
about his force's particularly strong stance against road events;
and general discussion about abandoned vehicles, disposing of
scrap vehicle parts, the effects of the Volatile Organic Compound
directive and the importance of bringing the 1997 FBHVC survey
of the historic vehicle movement up to date.
No evidence
had come to light to substantiate rumours that the provisions
of the Kent Act might be extended to other parts of the country.
The campaign
to persuade the Chancellor to treat users of historic vehicles
fairly by allowing the low-sulphur discount on leaded petrol
and by reverting to a rolling date for the VED exemption has
certainly been noticed - we thank everyone who has taken the
trouble to write to their MPs.
It has been
interesting to see how the 'standard' responses from ministers
(who seem determined not to make any changes) have developed
during the course of the campaign: the focus is now very firmly
on environmental issues, with ministers arguing that allowing
concessions will harm efforts to reduce unpleasant exhaust emissions
and encourage the use of the least polluting vehicles. Unfortunately,
this issue has to go to press just before the budget details
are published.
EU LEGISLATION
(Extracted from FIVA's regular update)
In February,
the FIVA legislation committee met to review recent activities
and to forward plan to ensure efficient and successful work
to protect the right to preserve and use historic vehicles.
The committee noted that a key priority is to ensure that FIVA
has detailed and up-to-date information about its members and
its members' activities so that the use of historic vehicles
can be accurately communicated to decision makers in Europe
and beyond. The committee also discussed current European regulatory
developments including the favourable amendments to the proposed
VOC Directive, the possibility of FIVA becoming a signatory
to the recently established European Road Safety Charter and
the proposed recasting of the driving licence Directive.
Driving licences
The proposal for recasting the Driving Licence Directive is
being pushed through the European Parliament. Amendments designed
to ensure that licences do not have to be renewed every 10 years
have been tabled and FIVA will ensure that the Transport Committee
members know that FIVA opposes this Commission proposal. FIVA
will also ensure that the EP and the Council of Ministers knows
that it does not support the more restrictive licensing provisions
proposed for the use of motorcycles and heavy lorries and buses.
The Transport Committee was due to consider the matter in mid-March.
FBHVC wrote to all UK representatives on the Transport Committee
urging them to support amendments (aimed at producing a less
restrictive regime) as detailed in a position paper prepared
for FIVA by their lobbying service, EPPA.
European Road
Safety Charter
In January, the Transport Commissioner launched the 2004 campaign
for the European Road Safety Charter together with the Irish
minister of transport, members of the European Parliament and
industry. The Charter aims to encourage public and private stakeholders
to take up their responsibilities to help reaching the target
of halving the number of casualties on the road by 2010. Signatories
will have to make a commitment to improve the traffic safety
on the European roads.
FIVA has entered
into discussion with the Commission to determine whether it
could become a signatory of the Charter and has been invited
to discuss how it may contribute to the improvement of road
safety across the EU with specific regard to the use of historic
vehicles. FIVA is currently considering how it may best contribute
to this initiative with actions which will have a notable positive
and tangible impact on road safety within the context of historic
vehicle use.
Other items of interest:
Transport gets proper EP committee
The European Parliament's (EP) Plenary Session has adopted a
resolution reorganising the number, powers and responsibilities
of the EP committees. After the June European elections the
number of EP committees will rise from 17 to 20 and a specific
committee to address transport and tourism issues will be formed,
devolving regional development issues to a separate committee.
Speed limiters
in vans
The EU Council has adopted without debate new legislation for
the assembly and construction of speed limiters on light commercial
vehicles for passenger (categories M2 and M3) and goods transport
(categories N2 and N3). In October 2003, the European Parliament
approved without amendments the draft Directive, which implements
2002 legislation on compulsory speed limiters in light commercial
vehicles.
Transparent
and simplified lorry type approval
The European Parliament's Plenary Session adopted a first reading
report on the type approval of motor vehicles and their trailers
as well as their components. In July 2003, the Commission proposed
to extend the application of type approval procedures from passenger
cars to commercial vehicles. It applies to new vehicles only.
New directive
on additional rear view mirrors published
The Directive on rear view mirrors and supplementary indirect
vision for motor vehicles has been published. The technical
requirements are designed to improve road safety by extending
the field of vision for truck and coach drivers. The regulations
are linked to Type Approval requirements and are not retrospective.
Voluntary industry
action in technology improvements
The Commission has published a communication stimulating technologies
for sustainable development - an Environmental Technologies
Action Plan (ETAP) for the European Union. The Commission has
called upon industry to set itself environmental performance
targets for energy consumption. For cars, this could mean achieving
very low CO2 car emissions within 10-15 years. It has therefore
encouraged industry to go beyond what is currently possible
and to develop new environmental technologies. In the longer
term legally binding targets may be imposed if the voluntary
action proves ineffective. Meanwhile, the European Parliament's
green political faction is calling for tighter limits on particulate
emissions from cars.
EP environment
committee urges for quick deal on motor vehicle emissions
The EP Environment Committee has adopted a draft report on pollutants
from compression-ignition engines. The Commission failed to
propose new legislation on heavy commercial vehicle exhaust
emissions by the end of 2000. In response, the Committee voted
amendments further lowering emission limits and moving certain
responsibilities from the regulatory committee to the legislator.
In order not to slow down the motor vehicle emission legislation,
an inter-institutional agreement at first reading is necessary.
European car
manufacturers on track with CO2 emission goals
The European Commission has adopted the Fourth Annual Report
on CO2 Emissions from New Cars. CO2 emissions from new passenger
cars sold in the EU decreased by 10.8% between 1995 and 2002.
In the mid-'90s, European, Japanese and Korean car manufacturer's
associations committed themselves to reduce CO2 emissions to
140 grams per kilometre by 2008/2009 from new passenger cars.
Ultimately, the Commission aims to curb CO2 car emissions to
120g/km by 2010 at the latest (1995: 186g/km). The Commission's
report shows that the associations ACEA and JAMA show progress
in emission reduction: the performance of Korean cars is still
considered unsatisfactory being far above the targets set by
KAMA.
UK allowed to lower excise duties on bioethanol
The Commission has approved the UK scheme introducing a reduced
rate of excise duty on bioethanol used for road transport. The
UK government uses an option in the 2003 Council Directive on
Energy Taxation, which allows for tax reductions and exemptions
for biofuels. From January 2005 until 2010, the duties for bioethanol
will be reduced to a level under the excise duty of ultra low
sulphur petrol and sulphur-free fuel. Bioethanol cannot yet
fully compete with hydrocarbon based fuels because of the higher
production costs. At this stage bioethanol is neither commercially
produced nor widely used in the United Kingdom. The United Kingdom
already applies a reduced rate of excise duty on bio-diesel
used for road transport.
Official launch
of European hydrogen technology platform
In January the European Hydrogen and Fuel Cell Technology Platform
was launched uniting all the stakeholders in the European hydrogen
sector. The research of hydrogen and fuel cell technologies
is included in the 'QuickStart' list of priority research projects
in the framework of the European Growth Initiative. The aim
is to diversify the energy resources in Europe, to make energy
more environmentally friendly and to gain world-wide leadership
in this new technology.
DVLA NEWS
Sandy Hamilton
From the volume
of calls and mail received it seems there are many myths and
concerns, some genuine, surrounding the tightening of SORN regulations
and the issue of new V5C logbooks. One of the confusions seems
to be in use of the words 'registered/registration' and 'licensed/licensing'
which have quite specific meanings depending upon the context,
they are not interchangeable. We asked DVLA to reply to these
concerns and received a helpful reply.
The Vehicle
Registration Certificate (V5C) is simply an official document
confirming that the vehicle is registered: after July 2005 it
will be the only form of document that will be accepted as confirmation
of registration, but that does not affect the underlying registration
itself. Registration is the requirement to have the vehicle
details recorded on the register, evidenced formerly by old-style
RF60 logbooks or V5 printouts and now by the new V5C. When a
vehicle is used on the road it needs to be licensed and, from
31 January 1998, this requirement is extended to include those
vehicles that are taken off the road (SORN) provided that they
had held a valid licence at that date. There has been no change
to this legislation.
As SORN only
applies to vehicles where a licence was in force on or after
31 January 1998 'off road' projects will only fall within SORN
requirements when they are put back on the road and take out
a new licence. If you change address or sell your project there
is no requirement to declare SORN, neither is there a requirement
if an off road project is the subject of a successful V765 application
to reclaim a 'lost' number prior to being made roadworthy. Any
other instruction from an official source is incorrect and you
should, politely, ask them to obtain clarification from the
SORN unit at DVLA Swansea.
The legislation
was introduced to ensure that the vehicle register is kept up-to-date
at least once per year and there will be a penalty if one does
not do so. Thus while all historic classification vehicles are
on the register (excluding those that missed the 1983 'cut'
or closure of the Swansea Register to inactive records) only
those that are both registered and licensed/ or covered by SORN
are subject to the annual declaration with consequent penalties
for non-compliance.
It is recognised
that some motorists, especially those who may be abroad for
extended periods, may find it difficult to declare SORN on time.
Prior to this legislation those people usually let an existing
licence expire (or applied for a refund) and then took out a
new licence upon their return. There is no longer an option
to do nothing: however, you can apply up to six weeks in advance
of a current SORN expiring using a V890 SORN Declaration. This
must be supported by a written explanation of the circumstances
and both sent to DVLA. For those motorists taking extended breaks
they should either arrange for someone to submit the relevant
forms or contact DVLA in advance of departure and explain their
particular circumstances. It is also possible to return a tax
disc at any time using form V14 which also provides the opportunity
to declare SORN as well as claiming a refund (if applicable)
for any complete months of unexpired Vehicle Excise Duty.
DVLA tries to
ensure that vehicle keepers receive an up-to-date reminder (V11)
to enable them to re-license with the minimum of disruption
but there is no statutory obligation to do so. Full responsibility
for ensuring that vehicles are currently licensed, or subject
to SORN where applicable, rests with the keeper. Absence or
late receipt of a V11 does not alter or release a keeper from
this responsibility so we suggest that keepers make a note of
all relevant declarations and monitor the list regularly. One
final point on SORN, a valid declaration is not transferred
with change of ownership (unlike an unexpired licence disc)
and a new keeper of an untaxed vehicle must take steps to ascertain
the SORN status. He/she has two options, either a new licence
is obtained or he/she must declare SORN immediately. This will
be enforced but DVLA will treat each case on merit and does
retain the right to exercise discretion.
The new V5C
documents do not point out the obligation to declare SORN immediately
upon acquisition although this lack may be corrected at a future
revision. Anyone unsure whether SORN applies to a vehicle (lack
of documents or an uncooperative owner) there is an enquiry
line at 09067 657585 to establish the date of last licensing.
Note that this is a premium rate line that costs 49p/minute.
The new V5C
documents have generated many queries in their short life. At
present they are only being issued to newly registered vehicles
or upon notification of a change of particulars. Anyone applying
for a duplicate document will also receive the new format but
will now have to pay a fee for the replacement. Starting in
July all keepers applying for a replacement licence or declaring/renewing
SORN will receive a new V5C some six weeks after renewal. This
process will continue until June 2005 when the exercise is expected
to be completed for all registered and licensed vehicles, in
excess of 30 million. This process does not include those non-SORN
vehicles that were off road prior to 31 January 1998 and, at
present, plans have not been finalised to enable them to obtain
new V5C logbooks although we have been promised that arrangements
will be made to allow this to happen.
At 1 July 2005
all old style documents will cease to have legal validity. This
does not mean that keepers will lose entitlement to their marks
nor that these marks will have any restrictions placed upon
them. If you wish to licence your vehicle that has been off
the road prior to 1998, to sell your project or advise changed
details then these can only be recorded after you have applied
for a new V5C at a local DVLA office. It is quite possible that
keepers in this category will receive a mailing encouraging
them to apply for a new V5C but we are assured there will be
no compulsion and that new documents will NOT be sent unsolicited.
At the risk of being repetitive this probable process will not
trigger SORN if there is no existing obligation to do so.
Many enquirers
have made the point that while they support the principles behind
the new legislation they have the impression that it is only
the law-abiding who will suffer penalties due to lack of relevant
information or through genuine inability to meet seemingly arbitrary
deadlines. We have been assured that it is not the Agency's
intention to persecute honest motorists but to crack down on
offenders who repeatedly abuse the system. Long-term evaders
will be targeted through increased roadside enforcement, in
particular through wheel-clamping and removal (either by DVLA
or joint operations with Local Authorities) and that tough targets
have been set by ministers. DVLA will also be working closely
with the 23 police forces operating APNR cameras (Automatic
Number Plate Recognition) which are reportedly very effective
in detecting these vehicles.
Some of the
confusion arising from these two issues may be due to an excess
of enthusiasm by DVLA customer enquiry responders. Perhaps the
complexity of the two issues and the volume of changes being
simultaneously introduced caused a few divergences from the
agreed script. Everyone who contacted me, without exception,
mentioned that their telephone enquiry had been answered promptly
and in a polite and friendly manner. Long may that continue.
One further
item relates to the registration marks allocated to those vehicles
manufactured between 1906-30. Until now, the letters SV followed
by four numbers have been used but this series is now exhausted.
All vehicles manufactured prior to 1930 will now be allocated
registration marks in the BS series which had formerly been
reserved only for those vehicles manufactured prior to 1906.
Back
to Top
From Newsletter 3/2004
LEGISLATION AND FUELS
David Hurley
Chairman Legislation and Fuels Committee
Road Humps
After all the recent press coverage some councils are re-thinking
their position. Following my appeal in the newsletter we now
have many well documented cases of damage to older vehicles
especially low built classic cars, and we have written letters
to the Department for Transport, Transport Research Laboratory,
RAC Foundation and the Local Government Association. It is noted
that some authorities have already started to remove humps,
some are proposing to remove humps but install more cameras,
while others are still putting humps in place.
Abandoned Vehicles
DEFRA has dropped the proposal to shorten the notice period
relating to the removal of apparently abandoned vehicles from
private land, and we have now had a very supportive reaction
from the Chartered Institute of Wastes Management (CIWM), which
accepts several of the points made to them by the Federation
in respect of their 'guidelines'. CIWM has given an assurance
that it will continue to present the views of organisations
such as FBHVC so that a balanced procedure can be brought about
for the correct and efficient removal of vehicles (almost always
cars) that really are abandoned while providing protection for
owners legitimately keeping vehicles for future use or restoration.
It is anticipated that any draft guidelines proposed by the
internal DEFRA committee will also be seen by the FBHVC before
final issue.
Consultations
1. The Vehicle and Operator Services Agency (VOSA) have issued
a document on a proposed new MoT testing regime for tricycles.
David Davies and Jacqueline Bickerstaff, our motorcycle experts,
are scrutinising this prior to submission of a response by the
deadline of 19 June.
2. The Department for Transport issues an annual consultation
on revisions to the MoT test fee structure. In the main test
fees will rise by inflation plus rounding to the next 50p. Hidden
in this consultation is a suggestion that it should become legal
to drive vehicles that have failed their MoT direct to the nearest
authorised scrap yard. At present, the only time when it is
legal to drive an older vehicle without an MoT is when it is
being taken from base to a testing station and back again. Deadline
for response is 11 June.
3. DVLA has issued a long consultation document about the Vehicle
Inspection Scheme as applied to such vehicle as kit cars, kit
conversions, reconstructed classics, and radically altered vehicles.
Some rebuilt vehicles may also be affected. (see DVLA) The closing
date for responses is 19 July, and FBHVC will certainly have
much to say.
Ongoing Matters
Our links with DEFRA and the CIWM should minimise the danger
of Local Authority operatives or contract vehicle removers removing
cherished vehicles from private land, the members of the Legislation
Committee are no experts on planning and land use regulations.
If Local Authorities wish to remove these vehicles they may
try to take action under other legislation. The FBHVC Legislation
Committee feels the need for some expertise in this field: is
there a suitably experienced member of a subscriber organisation
who could assist the committee on this subject? Meetings take
place at Didcot bi-monthly. Any volunteers are invited to contact
the secretary. We do not envisage any need for regular attendance
but matters occasionally arise where we feel the need for specialist
knowledge.
Disposing of
scrap vehicle parts
There are wide variations in attitudes to the disposal of vehicle
parts. The importance of getting reports from members of subscriber
clubs has been demonstrated by growing evidence of discrepancies
between what councils say their policy is and what actually
happens at Household Waste Recycling Sites. FBHVC will be discussing
these matters with the Environment Agency, the agency that issues
licences to local authorities for recycling sites.
Parliamentary
Historic Vehicles Club
The FBHVC has received a letter from David Jamieson, the Parliamentary
Under Secretary of State at the DfT, making it clear that government
will not consider either allowing the low-sulphur tax concession
for leaded petrol or reverting to a rolling threshold for VED
exemption. The argument used to support this position was that
UK has a statutory duty to reduce emissions of harmful pollutants
and allowing tax concessions for leaded petrol or for older
vehicles would be counter-productive.
PHVC has established
that the Association of Chief Police Officers (ACPO) has a policy
of discouraging events on the public highway, apparently for
reasons of safety. This policy does not seem to discriminate
between the many different types of event that can take place
on the road. We have seen correspondence to an event organiser
from one particularly constabulary that was worded in such a
way that it could be understood as a threat to invalidate the
organisers' public liability insurance. While we can understand
that the police would not wish to encourage such events, we
believe they should not actively discourage them, and should
certainly not be hinting at dire consequences for organisers
engaged in lawful activity. FBHVC is investigating further.
Seat Belts
The law requires drivers and passengers in cars and other light
vehicles to wear seat belts 'if available'. There are stricter
requirements for children. The present position is covered by
regulations introduced in UK under Sections 14 and 15 of the
Road Traffic Act of 1988 (as amended in 1992) which implement
Council Directive 91/671/EEC 'on the approximation of the laws
of the Member States relating to the compulsory use of safety
belts in vehicles of less than 3.5 tonnes'.
There are two
sets of regulations - Statutory Instrument 1993 no. 31, The
Motor Vehicles (Wearing of Seat Belts by Children in Front Seats)
Regulations 1993 and Statutory Instrument 1993 no.176 The Motor
Vehicles (Wearing of Seat Belts) Regulations 1993.
Ignoring special
provisions for the disabled, those with medical certificates,
delivery vehicles and taxis, the regulations can be summarised
as: if the seat has a belt, anyone using the seat must also
use the belt, whether or not the motor vehicle concerned is
required to have belts fitted.
Life gets complicated
for those carrying children. The recommendation is that children
should only be carried when there are approved restraints available,
appropriate for the age and size of the child, but the law is
actually a little more flexible. In general, if an approved
child restraint is available, it must be used. If no such restraint
is available, an adult belt must be used by children three years
old and over. If no adult belt is available, children must be
carried in the rear seats. This can be summarised in the chart
below.
EU Directive
2003/20/EC, amends directive 91/671/EEC and means that further
regulations will have to be introduced in UK by May 2008 specifying
in greater detail the requirements for safety restraints for
children. The new directive stipulates that those under 14 must
use one of five appropriate approved child restraints - it will
no longer be acceptable for children between three and 13 years
to use adult belts unless they have attained a height of at
least 150 cm. The directive, however, does allow member states
to make special conditions for vehicles where no seat belts
are fitted - it will be interesting to see how the government
proposes to translate this directive into UK law.
Two seater, no seat belts Two seater, with seat belts Two or
more rows of seats, no seat belts Two or more rows of seats,
front belts only Two or more rows of seats, all with belts
Children under 3 Not allowed* In a carry cot that is itself
restrained by straps or in an approved restraint. Not allowed
in front Not allowed in front if no suitable child restraint
is available Not allowed in front if no suitable child restraint
is available.
Not allowed if no suitable child restraint is available In a
carry cot that is itself restrained by straps or in an approved
restraint
Small children Allowed* Allowed. Must use adult belt if no suitable
child restraint available. Not allowed in front Must have priority
over any older passengers for use of front seat belt Allowed.
Must use adult belt if no suitable child restraint available.
(aged 3 to 11 and under 150 cm tall)
Large children Allowed Allowed No restriction Must have priority
over any older passengers for use of front seat belt No restriction
(12 or 13 or younger children over 150 cm tall)
* Regulation
7.1 (e) of The Motor Vehicles (Wearing of Seat Belts by Children
in Front Seats) Regulations 1993 provides an exemption to allow
the carriage of unrestrained children in the front seat of motor
cars first used before 1 January 1965 if the vehicle has no
rear seats. The exemption does not differentiate between different
sizes of children. Other regulations imply there is no exemption
for children under three: the chart errs on the side of caution.
EU LEGISLATION
(Extracted from FIVA's regular update provided by its lobbying
service, EPPA)
Road Safety
Charter
On 6 April, the Irish EU Presidency hosted the official signing
of the European Road Safety Charter by 39 companies and associations
in the presence of the EU transport ministers and the Commissioner.
Companies like Esso, Bosch, Honda and Michelin, European federations
of insurers and cities and national and international road safety
associations committed themselves to undertake specific actions
for road safety.
FIVA is intending
also to become a signatory to the Charter because it believes
that it can contribute to the Commission's objectives and because
it would like to be seen to be doing so. However, understandably,
the Commission wants this Charter to be an initiative which
can truly be seen to be delivering results - not just a PR exercise.
Signatories'
commitments must have a measurably positive impact. Because
historic vehicle users tend to drive well and carefully, this
limits the scope for FIVA to make a contribution. FIVA will
thus propose that it develops and ensures the European-wide
dissemination and application of a charter for the safe use
of historic vehicles. Because messages on how to use historic
vehicles safely in modern traffic (possible slower speeds, weaker
lighting systems etc) can help ensure that accidents involving
historic vehicles remain as low as they currently are, this
should be recognised as a contribution as important as ones
designed to reduce accidents.
This initiative
offers FIVA the opportunity to bring FIVA members in the new
EU member states closer to the activities of the EU - and we
hope will allow an opportunity for positive action across the
new larger Europe.
In April, the
European Commission adopted a Recommendation designed to ensure
that it remains a central point for the pursuit of successful
road safety policy across the EU by pushing member states to
establish nation plans on road safety, and for two-way sharing
of information with the Commission. The plan calls on member
states to:
" Use automatic speed checking equipment on motorways,
secondary roads and urban roads;
" Ensure action against speeding violators;
" Ensure the application of random drink breath testing;
" Ensure intensive enforcement actions concerning non-use
of seat-belts;
" Ensure coordination of enforcement;
" Ensure that serious or repeated offences committed by
non-resident (of that country) drivers are reported to the competent
authority of the member state in which the vehicle is registered.
Volatile organic
compounds
The European Parliament has adopted its second reading report
on the proposal to regulate the emission of VOCs from paints
and vehicle finishing products, which included an exemption
won by FIVA, allowing member states to provide licences for
the limited sale of products covered by the Directive. This
means that the Directive can now be adopted formally. The exemption,
Article 3.3, states:
For the purposes of restoration and maintenance of buildings
and vintage vehicles designated by competent authorities as
being of particular historical and cultural value, Member States
may grant individual licences for the sale and purchase in strictly
limited quantities of products which do not meet the VOC limit
values laid down.
FBHVC has made contact with the relevant officials at DEFRA
with a view to ensuring that such a scheme is introduced in
UK in the simplest possible way.
Tyres
The European Commission has proposed a Directive to restrict
the placing on the market and use of extender oils and tyres
containing certain polycyclic aromatic hydrocarbons above certain
thresholds. The proposal is based on health and Internal Market
reasoning. The proposal could lead to a ban on the sale of some
car tyres. FBHVC has written to the specialist tyre traders
who provide obsolete tyres in UK to ascertain whether or not
this proposal will cause problems.
Blind spot mirrors
Earlier this year, the EU adopted a Directive on rear view mirrors
and supplementary indirect vision for motor vehicles, which
only applied to new vehicles. The Commission is currently considering
whether to propose retroactive legislation. However, the DG
TREN Commission official responsible, Mr. Willy Maes, has confirmed
that if the Commission does propose such action, it will not
apply to historic vehicles.
Driving licences
In mid-March, the European Parliament Transport Committee voted
to postpone its debate and vote on the draft Directive on driving
licences until 6 April. This decision followed concerns that
not all opinions and views had been received, let alone considered.
The vote was further delayed until after the June elections
on the basis that the new Parliament, with a new mandate, will
have more authority to adopt this controversial proposal.
FBHVC has requested
current MEPs who serve on the Transport Committee to support
amendments which have already been tabled which call for the
renewal of licences to remain at age 70 (rather than every 10
years) and to allow heavier trailers to be used by drivers with
a car licence than has been proposed by the Commission.
If the rapporteur,
Mr. Grosch, is re-elected, he is expected to return to the Transport
Committee and continue his work on this proposal for a Directive,
but whether he is elected or not, the process of lobbying the
European Parliament will have to start afresh in September when
the new parliament resumes.
Mercury &
other chemicals
The European commission is currently undertaking a consultation
on the possible need for further regulation to reduce pollution
from mercury. A separate consultation relates to the future
use of toluene in adhesives and spray paints and to trichlorobenzene.
FBHVC believes it is unlikely that these measures will have
any impact on the historic vehicle movement, but is checking
the position of toluene when used as a component of fuel for
some pre-1940 racing cars The secretary would be pleased to
hear from anyone who thinks problems may arise.
DVLA
Sandy Hamilton
Enquiries about
SORN have settled down as owners become familiar with the new
procedure. When you declare SORN you now receive a written confirmation
from DVLA which you should keep with your vehicle file and use
to diarise the renewal date in case next years V11 renewal form
goes astray.
DVLA has issued
a consultation document regarding 'A Review of Vehicle Inspection
Procedures of DVLA and DVLNI' which requires responses by mid-July.
As it is some 10 years since the current procedures were established
DVLA is now seeking to identify 'best practice' in the light
of experience to date. It is a bulky 38 page document which
can be viewed at http://www.dvla.gov.uk/consultation.
While the majority
of procedures concern new or accident repaired or recently imported
vehicles or kit conversions or kit built vehicles which generally
are subject to type approval or Single Vehicle Approval (SVA)
inspections, some categories (Radically Altered, Reconstructed
Classics, Cherished Transfers, V765 scheme) could affect owners
of historic vehicles. The consultation seeks views on criteria
for each category, whether the current system meets its objectives,
could be improved, and to what level inspection (documentary
and/or physical) needs tightening. There are suggestions as
to who might provide that service and who should bear the cost.
I sense that
DVLA may be exercised by some anomalies, particularly in the
under-ten-year-old vehicle category, but these procedures could
be tightened without recourse to wholesale rewriting of regulations
with little tangible benefit to the vast majority of customers.
A perfectly valid conclusion would be that, apart from a few
areas that might require tweaking, the procedures have been
generally acceptable and have worked well in the historic vehicle
community.
FBHVC intends
to participate in this consultation process and welcomes comments
from subscribers which could be incorporated within that response.
Please send these, via the Secretary, by the middle of June
to give time to consider them.
Back
to Top
From Newsletter 4/2004
LEGISLATION AND FUELS
David Hurley
Chairman Legislation and Fuels Committee
Abandoned Vehicles
We have yet to hear any further from the internal DEFRA committee
about the notice period relating to the removal of apparently
abandoned vehicles, but have been assured that we will be able
to comment on any draft guidelines produced. (See also a worrying
account found in the Armstrong Siddeley O.C. magazine in the
Club News section.)
We understand
that DEFRA are also at work on 'clean neighbourhoods' (another
topic to monitor). It shows how important it is that we monitor
legislation from all government departments, not just those
concerned with motoring.
MoT Application
form for Authorised Examiners
The Vehicle Inspectorate Division of VOSA is proposing to revise
the application forms for garages wishing to become MoT testing
stations and also for individual authorisation or upgrades.
The forms are now longer!
Road Humps
We have received a detailed response from the Transport Research
Laboratory after we sent our collected data on Federation members'
experiences with road humps around the country. We are now responding
to several points they have raised.
Consultations
Our legislation committee has responded to two new consultations.
The motorcycle experts pointed out that the proposed new MoT
testing regime for tricycles ignored the many age-related concessions
for older machines. Thanks to much background work by Sandy
Hamilton a long and detailed response was submitted to DVLA
on the review of the various vehicle inspection schemes. See
below for more details.
Fuel Topics
In accordance with our ongoing monitoring of the FHBVC's endorsement
of additives we have recently had five additives re-tested for
chemical content to ensure that the product is still being marketed
as originally formulated on the FBHVC's engine tests at MIRA.
We are pleased to report that all the five passed. These are:
Superblend Zero 2000, Millers VSP Plus, Castrol Valvemaster,
Castrol Valvemaster Plus, and Red Line.Other approved additives
will be tested by the end of the year and the results reported
in the newsletter.
EU LEGISLATION
(extracted from FIVA's regular update provided by its lobbying
service, EPPA)
As reported
in the last issue, FIVA wishes to become a signatory to the
European Commission's Road Safety Charter which is one part
of the Commission's activities to reduce the number of road
deaths by 50% by 2010. The Commission has welcomed FIVA's proposal
to write and disseminate a code of responsible and safe use
of historic vehicles across the countries of the EU through
FIVA's member federations. The code will primarily address responsibility:
temporary fitting of modern lighting/signalling equipment and
mirrors when driving on public roads (when authenticity is not
relevant) and actions to take when slow moving historic vehicles
use public roads. The aim of the code will be to maintain the
high levels of road safety achieved by historic vehicles users
- which in turn benefits the road safety of all road users.
This also offers FIVA the opportunity to bring FIVA members
in the new EU member states closer to the activities of the
EU. FIVA will now begin to draft its code. [FBHVC will, of course,
be providing input, and comments from subscriber clubs will
be welcomed by the secretary.]
European elections
in June brought most EU institutions to a halt. With the accession
of the 10 new member states the number of MEPs has now risen
from 626 to 732. The new European Parliament will be dominated
by the centre-right as before, but with a reduced majority and
more power being wielded by sceptics and Europhobes. Both Mr
Grosche, who was the rapporteur on the driving licence Directive
and Mr. Vatanen who was the rapporteur on the Road Safety paper
(and who was willing to support FIVA's interests) were re-elected.
However at this stage it is not known whether they will return
to the Transport Committee.
Trichlorobenzene,
toluene and mercury
News that the European Commission intends to restrict the use
of trichlorobenzene and toluene led to an internal FIVA inquiry
as to whether these are products used by historic vehicles.
It was ascertained that toluene is used in fuels for racing
vehicles but that this use will not be affected by the proposed
restrictions.
In parallel,
the Commission has launched a consultation on mercury to determine
whether existing regulation needs to be made stricter. These
two developments, following the VOC issue (which from FIVA's
perspective was successfully resolved earlier this year), has
lead FIVA to be included on the Commission's 'Existing and New
Substances' consultation register managed by DG Environment
and Enterprise. FIVA should now be consulted in the future whenever
the Commission considers new restrictions or a ban on existing
chemical substances. If the substance being considered needs
to be used for the restoration of historic vehicles, FIVA will
make its concerns known to the relevant officials with a view
to lobbying for appropriate exemptions.
Enforcement
of social rules to smooth transport competition
In late April, the European Parliament's Plenary Session adopted
a first reading report by Helmuth Markov on minimum rules for
social legislation relating to road transport activities. On
11 June the Transport Council reached, by qualified majority,
a political agreement. France voted against, while Germany stated
a parliamentary reserve.
The draft Directive
aims to improve enforcement of Community legislation concerning
driving and resting times within the EU. The percentage of working
days of drivers checked would be gradually increased and systematic
exchanges of information between member states would be promoted.
Better enforcement would deter transport operators from gaining
an unfair competitive advantage by ignoring the rules on driving
times, breaks or rest periods.
Council restricts
truck driving hours and rest periods
On 11 June, the Irish EU Presidency brokered a compromise deal
on a draft Regulation on driving hours and rest periods aimed
at harmonising social legislation and recording equipment in
road transport. Driving and resting times of drivers of heavy
goods vehicles would be restricted and checked as follows: the
minimum uninterrupted daily rest period would rise from eight
to nine hours; the maximum driving time per week would be restricted
to 56 hours; each two weeks, the driver should rest at least
one uninterrupted period of at least 45 hours.
Under certain
conditions a member state would be entitled to immobilise temporarily
a vehicle, to withdraw, suspend or restrict an undertaking's
licence, or a driver's licence.
Using digital
tachograph technology, enforcement officers would be able to
effectively check a period of up to 15 days back in the past.
After 1 January 2008, the time span will cover the previous
28 days. The digital tachograph will be installed in all new
heavy goods vehicles from 5 August 2005.
Member states
would be empowered to sanction infringements detected on its
territory, but committed outside its territory.
Commission maps
sulphur levels in motor fuels
On 27 April, the Commission published its first annual report
on quality of gasoline and diesel fuel used for road transport
in the European Union covering the years 2001 and 2002. The
fuel quality specifications for petrol and diesel are, in general,
met. From 2001 to 2002, the share of low sulphur fuels with
less than 50 parts per million (ppm) sulphur increased significantly,
while the shares of sulphur free petrol containing less than
10 ppm fuels remained nearly constant. Six member states have
defined national fuel grades for low (less than 50 ppm) or sulphur
free (less than 10 ppm) fuels. Low sulphur fuels are available
in many countries across the EU (for petrol in Austria, Germany,
Ireland, Sweden and the United Kingdom; for diesel in Belgium,
Denmark, Finland, Greece, Ireland, Netherlands and the United
Kingdom). However, France, Greece, Italy, Portugal and Spain
still did not introduce separately marketed low or sulphur free
fuels at all. Sulphur free petrol was only available in Austria,
Germany and Ireland, and sulphur free diesel was available only
in Sweden.
Environmental
focus in EU policies
On 2 June, the Commission published the report called 'Integrating
environmental considerations into other policy areas - a stocktaking
of the Cardiff process'. The Cardiff process was launched by
the EU heads of state and governments in 1998 to integrate environmental
concerns into other EU policy decisions. The report concludes
that more needs to be done to integrate environmental thinking
into EU Policy decisions.
Regarding transport,
the report acknowledges that considerable advances have been
achieved in emission reduction and energy efficiency by improving
vehicle and fuel technology. These gains, however, are offset
by the growth in passenger and freight transport. Congestion,
noise and emissions of particulates and carbon dioxide are the
main environmental transport problems.
Infrastructure
charging divides transport council
On 11 June, EU Transport Ministers failed to find common ground
on the draft Directive on the charging of heavy good vehicles
for the use of Trans-European Network (TEN) infrastructures,
the so-called 'Eurovignette' Directive. The main stumbling block
is the allocation of the revenue from the infrastructure tolls.
Transit countries in the EU invoke subsidiarity to use the infrastructure
revenues in the general budget. The other countries back the
Commission's proposal to use the income solely for transport
infrastructure. During the discussions, other issues such as
the protection of vulnerable areas and the calculations of toll
levels were raised again.
No agreement
on weekend driving bans
On 11 June, a blocking minority in the Transport Council rejected
the Presidency compromise proposal on weekend driving bans.
The aim is to create a transparent system that harmonises rules
for restrictions on heavy goods vehicles involved in international
transport on designated roads.
DVLA
Sandy Hamilton
Our response
to DVLA's consultation on vehicle inspections was submitted
in July. It is important to note that the consultation was part
of a routine review process and not a precursor to any specific
new legislation. The aim was to review existing procedures and
seek the views of those involved in such matters by asking if
existing procedures are adequate or, if not, how they might
be improved.
The limited
feedback we received from members indicated that they considered
existing procedures worked well and that there was no need for
change. Our response mirrors this view, stating that FBHVC considers
that the existing structures are more than adequate to cope
with the vast majority of problems that are presented.
July sees the
beginning of the process that over the next 12 months will result
in delivery of new V5C Registration Documents to the keepers
of all vehicles that are both and have been licensed since January
1998. Each renewal licence application, or SORN declaration,
triggers the automatic production of a V5C and this should reach
the keeper some six weeks after the relevant renewal. We included
detailed information about this process in an earlier Newsletter
and, for the avoidance of doubt, it will have no adverse effect
upon those vehicles that are registered but are not required
to declare SORN (i.e. those that have been off road since before
January1998). DVLA has promised to set up a procedure to enable
owners of such vehicles to exchange their V5s for V5Cs, but
details have yet to be announced.
From
July 2005, V5 Registration documents will cease to be valid.
This cessation of validity of the old V5 will not result in
the loss of the registration mark or put any additional restriction
on the mark. Any information that you may read, or hear, to
the contrary is not correct. What it does mean, however, is
that the old V5 will have to be exchanged for a V5C at a Local
Licensing Office in order to declare a sale or other change
of particulars.
Back to Top
Newsletters
2003
Issue:- 1/2003 2/2003 3/2003 4/2003 5/2003 6/2003
From Newsletter
1/2003
LEGISLATION
David Hurley, Chairman Legislation and Fuels Committee
Home Zones and
Quiet Lanes
The Transport Act 2000 (Section 268) enabled Local Authorities
to designate Home Zones and Quiet Lanes within the existing
legislative framework. A consultation paper was issued in August
2001 and since then no government statutory guidance or reaction
has occurred.
In essence 'Home
Zones' can consist of one or more roads which have a significant
level of residential use. They should not have more than a low
flow of motor traffic. The idea is to encourage their use as
'play street' but unlike play streets of the past, through traffic
is not banned but will be subject to traffic calming measures
and where necessary a lower speed limit. Local Authorities cannot
reduce the speed limit below 20 mph without Department for Transport
permission and then only after consultation.
'Quiet Lanes'
is a concept to ensure that ramblers, cyclists, and horse riders
can mix with motor traffic on the same highway. Any traffic
will be kept to speeds appropriate to the mix of uses. Obviously
anyone organising a timed rally will have to avoid such designated
areas since infringement of any speed limit would create negative
publicity.
Both concepts
are in essence anti-motorist and historic vehicles are caught
in with drivers of modern cars. I repeat that the DfT has not
issued any statutory guidance and the FBHVC are only aware of
one experiment in Oxford relating to this concept.
Other Matters
Whilst the last couple of months of 2002 were quiet as regards
UK consultation documents and statutory instruments, two consultations
and a new SI arrived in the first weeks of this year on:-
1. Use of flashing red warning lamps - amendment to the Road
Vehicle Lighting Regulations 1989 (closing date 13 April 2003).
2. Further consultation on brake linings and safety (closing
date 17 April 2003).
3. Statutory Instrument on compulsory insurance - a technical
adjustment to harmonise with the EU.
At the time of going to press, we had only made a preliminary
study and had found nothing of immediate concern. Closer analysis
is taking place and relevant responses will be made by the appropriate
deadlines. More information in the next issue.
Leaded Petrol
The message that is coming loud and clear from leaded petrol
retailers is that the volume of sales of BS 4040 leaded four-star
is much lower than they had expected and many are likely to
cease selling it during the coming year unless sales improve.
The phasing out of lead replacement petrol over the next few
months will help the position a little, but if the historic
vehicle movement wants true leaded petrol to be available, it
must use it.
Yes, it is significantly
more expensive than unleaded; yes, it is marginally more expensive
than unleaded treated with an additive; and yes, outlets (especially
in the south east) are few and far between. But the marginal
extra cost of leaded for low mileage vehicles is small in comparison
with the cost of recovering damaged valve seats.
The message
to historic vehicle enthusiasts is 'Use real leaded four-star
or real leaded four-star will soon not be there to use!'
EUROPEAN LEGISLATION
Andrew Burt, Chairman
Harmonisation
of Certain Social Legislation Relating to Road Transport
This directive concerned the extension of the use of tachographs
and the extension of drivers' hours regulation to include social
driving by drivers employed in the HGV and PCV industry. Through
FIVA and by lobbying MEPs various amendments were tabled at
Brussels to exclude historic lorries and buses.
The Markov Report
came before Parliament in mid-January for its reading at the
full session. The European Parliament supported the overall
report and, we are delighted to report the amendment remains
- there will be an exemption from the Directive for vintage
vehicles over 25 years or less than 25 years if they form part
of a collection of historic vehicles.
This is very
good news for all owners of historic commercial vehicles, and
proof if any were needed, that the lobbying funded by the Federation
and FIVA does indeed provide results and makes a valuable contribution
to the preservation of historic vehicles, and members' rights
to use them on the roads.
EU Paint Directive
A proposal for a directive aimed at limiting the emission of
volatile organic compounds from decorative paints and vehicle
re-finishing products was published at the end of 2002 and has
just come to our attention. This has clear implications for
both amateur and professional vehicle restorers as we understand
from first inspection that cellulose and coach enamel products
would effectively be banned if the directive is introduced in
its first-draft form. FBHVC will be liaising with the British
Coatings Federation over the next few months to gain a full
understanding of the proposals prior to seeking relevant derogations
to ensure the continuation of availability of traditional vehicle
finishes.
Export Licences
There have been concerns recently in some quarters that export
licence requirements might interfere with the freedom to use
historic vehicles for trips/tours/holidays abroad. Individual
licences are not necessary for journeys lasting less than three
months to other parts of the EU, but might be required in certa
