Dual liner speed limit grey area

Dual liner speed limit grey area

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wessexrfc

Original Poster:

4,326 posts

186 months

Wednesday 2nd July 2014
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Driving my Vito dual liner the other day on the A30 headed towards Cornwall, I had the cruse set at about 73mph and noticed two police cars slowly catching, one passed, no problem, I caught up with a lorry and pulled out to overtake, the second car then put his blues on, thinking he's on an emergency call I accelerated passed the lorry and pulled in. The car then switched off his lights and crused passed with the passanger waving six fingers at me(dispite the fact I was in Cornwall, he had to use two hands wink ) I gave him seven and carried on at the same speed.

So I set off to find the info, was it a myth that although I have five seats, its still a van and therefore restricted to 60mph on a dual carriageway (a law that to me has no logic) and this is what I found after some digging and is an answer from someone else's question:

Where there are windows, seats and seat belts behind the driver’s seat our understanding is that the enforcement authorities will assume that the vehicle is primarily used for carrying passengers rather than goods. A passenger vehicle with no more than 8 passenger seats can travel at the same speed as a car.

My van carries my family and also some tools, I use it for work and pleasure. I could use a car but prefer the flexibility, when needed, of a van. Has anyone a better answer???

Nigel Worc's

8,121 posts

188 months

Wednesday 2nd July 2014
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This always seems quite complicated.

What is it classed as on the V5C ?

(what type of vehicle ? )

ging84

8,885 posts

146 months

Thursday 3rd July 2014
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https://www.gov.uk/speed-limits
the lizzard people / goverment said:
Vans and ‘car-derived’ vans

Most vans are under 7.5 tonnes laden (loaded) weight and must follow the speed limits for goods vehicles of the same weight.

‘Car-derived’ vans weigh no more than 2 tonnes when loaded and are based on car designs, such as a Ford Fiesta van or Vauxhall Astra van. Check your log book under ‘body type’ if you’re not sure.
just did a check on the new gov vehicle checker on a random vito dualiner off autotrader which says is 6 seater
it doesn't have body type, but it did show
Tax class LIGHT GOODS VEHICLE
Vehicle type approval N1

suggesting you are possibly a criminal who is clearly a danger all children
i won't be letting my cat out to play at night until this matter is resolved or the OP confirms he doesn't live within 100miles of me

Red Devil

13,060 posts

208 months

Thursday 3rd July 2014
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It's not a good idea to rely on the gov.uk site as a definitive source of information.
The reason has already been mentioned in this thread.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...

FiF

44,050 posts

251 months

Thursday 3rd July 2014
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Vito Dualiner is definitely a dual purpose vehicle imo.

Therefore NSL limits are SC 60, DC 70, Mway 70.

Looking at vehicle specs from MB cannot find a variant where the ulw is more than 1970kgs which is the high roof version. Can't see a manufacturer fitted option which takes it above 2040 kgs either.

If it's a black one with dark tinted windows then it can look like a panel van to a casual glance.

As on that other linked thread these laws are no longer fit for purpose in my honest opinion. Just causes confusion. Needs to be reviewed and, dare I say it in the current hatred for all things EU, brought into line with other countries.


V8LM

5,173 posts

209 months

Thursday 3rd July 2014
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Interesting that HMRC regard it as a car if it has the Luxury Seat Pack, van otherwise.

I wouldn't have shown seven fingers though, unless it was a high five followed by two fingers. Wouldn't have done that either thinking about it. smile

wessexrfc

Original Poster:

4,326 posts

186 months

Thursday 3rd July 2014
quotequote all
Found the flashing lights abit ott and the sort of thing that doesn't do them any favours (small man syndrome). A simple toot of the horn as passing and some finger waving would've been suffice. I was a bit irritated so felt a response was required. It seems there is no simple answer.............

Nigel_O

2,884 posts

219 months

Thursday 3rd July 2014
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On my recent speed awareness course, I learned about the reduced limits that apply to vans that aren't car-derived

The Vito certainly isn't based on any car in Merc's range, so therefore it cannot be classed as car-derived and as such is subject to the lower limits

Plod was correct and I would suggest after you waved seven fingers at him, you were lucky not to be pulled

FiF

44,050 posts

251 months

Thursday 3rd July 2014
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Sigh

Plod was not correct.

It's got nothing to do with car derived vans. Repeat nothing.

The dualiner is a dual purpose vehicle with ulw <2040 kgs and therefore limits are as posted earlier; 60, 70, 70.

jbsportstech

5,069 posts

179 months

Thursday 3rd July 2014
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wessexrfc said:
Found the flashing lights abit ott and the sort of thing that doesn't do them any favours (small man syndrome). A simple toot of the horn as passing and some finger waving would've been suffice. I was a bit irritated so felt a response was required. It seems there is no simple answer.............
I would of waited till the car passed, they might of been in convoy for a reason which is probably why the op was not pulled, better things to do.

It never amazes how on one thread you can be burnt to the stake for mentioning someone is foreign and how someone can come on here and suggest the cornish/devon people are in someway and would normally have 6 finger plus on each hand!.


Edited by jbsportstech on Thursday 3rd July 14:35

jbsportstech

5,069 posts

179 months

Thursday 3rd July 2014
quotequote all
FiF said:
Sigh

Plod was not correct.

It's got nothing to do with car derived vans. Repeat nothing.

The dualiner is a dual purpose vehicle with ulw <2040 kgs and therefore limits are as posted earlier; 60, 70, 70.
Have you got some concrete to back that up with> Can you reference your source.

I bet more than one person has been caught and ticketed in this situation. I would not like to go to court with the defence smeone on piston heads said so!

FiF

44,050 posts

251 months

Thursday 3rd July 2014
quotequote all
jbsportstech said:
Have you got some concrete to back that up with> Can you reference your source.

I bet more than one person has been caught and ticketed in this situation. I would not like to go to court with the defence smeone on piston heads said so!
Currently on phone so please give me a while to get onto a proper computer so can answer properly with links, snips and screen grabs from the legislation.

Currently got an electrical circuit in bits and have to dash out to source some parts from World War 2 era or thereabouts it seems.

mph1977

12,467 posts

168 months

Thursday 3rd July 2014
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If

1. It's light enough unladen

2. Has sufficient payload capacity

3.the load compartment is long enough

Then a dualiner seems to come under the current version of the Dual Purpose vehicle rules - the ones that now no lo ger stipulate that DPV must be all wheel drive as long as as the above three parameters are met for a crew cab vehicle to count as a DPV.

FiF

44,050 posts

251 months

Thursday 3rd July 2014
quotequote all
jbsportstech said:
FiF said:
Sigh

Plod was not correct.

It's got nothing to do with car derived vans. Repeat nothing.

The dualiner is a dual purpose vehicle with ulw <2040 kgs and therefore limits are as posted earlier; 60, 70, 70.
Have you got some concrete to back that up with> Can you reference your source.

I bet more than one person has been caught and ticketed in this situation. I would not like to go to court with the defence smeone on piston heads said so!
Relevant speed regulations come from Road Traffic Regulation Act. We aren’t talking about a restricted road, nor one where a special speed limit by traffic regulation order has been set, so general speed limits, commonly referred to as National Speed limit applies.

General speed limit since 1978 has been Mway 70, DC 70, SC 60. This comes from the 70 Miles Per Hour, 60 Miles Per Hour and 50 Miles Per Hour (Temporary Speed Limit) (Continuation) Order 1978 (SI 1978/1548), made under section 88 of the 1984 Road Traffic Regulation Act. Secretary of State Bill Rodgers who amended it to make dual carriageways back to 70 mph and single carriageways from 50 to 60mph.

Schedule 6 of RTRA restricts speed limits for certain classes of vehicle as follows.:-

Schedule 6 RTRA said:
Schedule 6 Item 1 A passenger vehicle, motor caravan or dual-purpose vehicle not drawing a trailer being a vehicle with an unladen weight exceeding 3•05 tonnes or adapted to carry more than 8 passengers:
(i) if not exceeding 12 metres in overall length 70 60 50
So the crux of the matter regarding the Dualiner is, does it meet the criteria for a dual purpose vehicle as outlined above, if it does then it’s the 70, 60,50 limits , i.e. same as van limits, if not then the general limits apply MW 70, DC 70, SC 60.

Schedule 6 defines a dual purpose vehicle in a footnote.

footnote to schedule 6 said:
2
In this Schedule—
[F4 “agricultural motor vehicle” ] “articulated vehicle”, “dual-purpose vehicle”, “industrial tractor”, “passenger vehicle”, “pneumatic tyre”, “track-laying”, “wheel” and “works truck” have the same meanings as are respectively given to those expressions in Regulation 3(1) of the M3 Motor Vehicles (Construction and Use) Regulations 1978;
See construction and use regs for definition of DPV.

Constr and Use regs said:
dual-purpose vehicle
a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kg, and which either—

(i)is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle; or

(ii)satisfies the following conditions as to construction, namely—
(a)the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;
(b)the area of the vehicle to the rear of the driver's seat must—

(i)be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle; and

(ii)be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres 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 satisfying the requirements specified in head (i) of sub-paragraph (b) (or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the back-rests of the rearmost such row) must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle.
So let’s turn to the specification sheet for the Dualiner. link

Pages 12 and 32 – 35 refer.




Here I upload the screen grabs to show that it clearly meets all the DPV criteria.






So to summarise.

Less than 2040 ulw in all configurations.
Solid roof
Row of two or more seats behind the driver
Windows of suitable area
Sufficient load space length behind the rearmost seats.

Therefore, in conclusion, the Vito Dualiner is a dual purpose vehicle, and has an unladen weight not in excess of 3.05 tonnes, not adapted to carry more than 8 passenger and is not more than 12 metres overall length, therefore the restriction in Schedule 6 item 1 does not apply, therefore general speed limits do apply.

Note- The discrepancy between the 2040 kgs in C&U and the 3050kgs in RTRA causes people to be confused. My interpretation is that having an ulw above 2040 the vehicle ceases to be a dpv and becomes a goods vehicle.

I rest my case.




standards

1,132 posts

218 months

Thursday 3rd July 2014
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Earlier posts seem to suggest it is A DPV (not being over 2040 ULW).
Only thing and it is a small one-has it got windows in the rear doors? The regs say windows behind the front seats AND at the rear...?

FiF

44,050 posts

251 months

Thursday 3rd July 2014
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Can see how somebody could think it's a van, but clearly got side and rear windows.

tenpenceshort

32,880 posts

217 months

Thursday 3rd July 2014
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Given the complication of the regulations, we ought to forgive any police officers if they make mistakes (irrespective of merit in this case).

FiF

44,050 posts

251 months

Thursday 3rd July 2014
quotequote all
tenpenceshort said:
Given the complication of the regulations, we ought to forgive any police officers if they make mistakes (irrespective of merit in this case).
Agreed.

wessexrfc

Original Poster:

4,326 posts

186 months

Thursday 3rd July 2014
quotequote all
jbsportstech said:
I would of waited till the car passed, they might of been in convoy for a reason which is probably why the op was not pulled, better things to do.

It never amazes how on one thread you can be burnt to the stake for mentioning someone is foreign and how someone can come on here and suggest the cornish/devon people are in someway and would normally have 6 finger plus on each hand!.


Edited by jbsportstech on Thursday 3rd July 14:35
I could suggest that my journey had more importance and would've happily shown the rear seats, windows, and probebly ask "why the flashing lights??" but this was not really the point.

FiF thank's for the info, now bookmarked for future reference!!!

And yes I'm Devonian, born and bred and there's a few six finger one eye-browers amongst us wink but more in Cornwall hehe

wessexrfc

Original Poster:

4,326 posts

186 months

Friday 25th July 2014
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Would you believe it, I've been caught speeding for a goods vehicle @ 59mph on a 60mph road!!!! No answer from the hard working Conditional Offer Unit (whatever the hell that means!!) working between 10am and 12am then 1pm to 3pm 5 days a week!!!! But you cant get hold of them, mental, driving me mad!!!!!!!
Anyone got the direct number for Avon and Somerset police!!!