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DVSA clarifies legal status of volumetric mixers

  • 17 March 2014
  • By Robin Meczes

The DVSA (formerly Vosa and the DSA) has clarified the legal status of volumetric mixers. It has also promised to review current exemptions later this year after concerns were raised by the Transport Committee in February.

At a cycle safety hearing last month, the select committee queried why volumetric mixers fell outside of the requirements for annual tests and operator licensing.

The DVSA has confirmed to CM that volumetric concrete mixers do fall within the definition of a goods vehicle in regulation 3 of the Construction and Use Regulations. However, they can take advantage of the differing definitions and exemptions in the Goods Vehicles (Plating Testing) Regulations and the Goods Vehicles (Licensing of Operators) Regulations, leaving them free of the obligation to put vehicles through an annual test.

However, such vehicles are still required to comply with section 40A of the Road Traffic Act, which makes it an offence for someone to use, cause or permit to be used a motor vehicle whose condition is such that its use would involve a danger of injury to someone.

“This includes compliance with the design loads of the vehicle,” a DVSA spokesman said.

The DfT plans to consult later this year about the position of these vehicles and some others in relation to the plating and testing and operator licensing regulations with a view to testing the case for inclusion of this type of vehicle into the requirements of both statutory regimes,” he added.

There is, said the DVSA, “no evidence that volumetric mixers are involved in more cyclist fatalities than HGVs”. However, regards the range of defects found on such vehicles, it said “the evidence is clear that for those vehicles DVSA has stopped, there is room for improvement”.

The DVSA has also confirmed that volumetric mixers may not be run legally on UK roads on rebated fuel.

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Article source: http://www.commercialmotor.com:80/latest-news/dvsa-clarifies-legal-status-of-volumetric-mixers