Van speed limits ref V5C

[Nigel Worc's]

Gentlemen

We have discussed this topic on many occasions, but as I was stupid enough to get caught I can now clarify the answer ..... I think.

I drive a VW Caddy , swb, max weight 2205 KGs, but it has the V5C class as a car derived van, rather than panel van.

The argument from others on here had been that the highway code trumps the V5C, and as soon as you exceed 2000 KGs the lower limits apply.

I can now confirm, having been caught on the A417/419, a dual carriageway, at 80 mph, that the V5C trumps the HC, as I was reported for 80 in a 70, and have just completed the speed awareness course that I would have been over the threshold of 10% + 9mph had I have been reported for 80 in a 60.

As a double conformation my mate in a transit connect, a panel van but with a max weight of less than 2000 KGs, was caught at this exact location about three years ago, for 69 mph (with me driving at the same speed in front of him, I wasn't reported on that occasion as I'm driving a car derived van).

So there you have it, I'm not sure I fancy my chances in court, but as far as the scamerati are concerned the V5C class wins.

[SS2.]

Nigel Worc's said:

The argument from others on here had been that the highway code trumps the V5C, and as soon as you exceed 2000 KGs the lower limits apply.

The argument was that primary legislation (not the HC) trumps the V5C, and that argument remains rock-solid.

Nigel Worc's said:

I can now confirm, having been caught on the A417/419, a dual carriageway, at 80 mph, that the V5C trumps the HC, as I was reported for 80 in a 70, and have just completed the speed awareness course that I would have been over the threshold of 10% + 9mph had I have been reported for 80 in a 60.

Fair play to you, but it doesn't 'prove' that what is written on the V5C takes precedent over the construction or adaptation of the actual vehicle.

It suggests that either the SCP couldn't be bothered to check the specific details of the vehicle you were driving, or that they were happy enough to slip you through on a course (allowing them to pocket a proportion of the fee) as opposed to seeing the entire £100 from a fixed penalty going straight to the Treasury.

[TooMany2cvs]

Nigel Worc's said:

I drive a VW Caddy , swb, max weight 2205 KGs, but it has the V5C class as a car derived van, rather than panel van.

The GVW alone disqualifies it from the higher limits, which explicitly only apply <2t GVW.

Nigel Worc's said:

I can now confirm, having been caught on the A417/419, a dual carriageway, at 80 mph, that the V5C trumps the HC, as I was reported for 80 in a 70, and have just completed the speed awareness course that I would have been over the threshold of 10% + 9mph had I have been reported for 80 in a 60.

You've been the lucky beneficiary of a mistake this time. You'd not be wise to rely on it in the future...

Nigel Worc's said:

As a double conformation my mate in a transit connect, a panel van but with a max weight of less than 2000 KGs

Within weight, but not "car-derived".

[agtlaw]

OP’s post confirms that they sometimes make mistakes. That’s all. I could have told you that as I have an ongoing van case (at court) where a similar mistake has been made.

For the avoidance of any doubt, the V5C class does not ‘trump’ the relevant legislation.

[Nigel Worc's]

agtlaw said:

OP’s post confirms that they sometimes make mistakes. That’s all. I could have told you that as I have an ongoing van case (at court) where a similar mistake has been made.

For the avoidance of any doubt, the V5C class does not ‘trump’ the relevant legislation.

I've posted a picture of my V5C in the past.

I am grateful for the mistake if that is what it is, but I'm not sure they have made one, there is nothing on my V5C to suggest my van is anything other than a car derived van, the only weight listed is the kerb weight.

There are plenty of other vehicles (a range rover for example, or a rolls royce), that exceed the weight, but what they are registered as trumps the weight, so why shouldn't mine ?

[TooMany2cvs]

Nigel Worc's said:

there is nothing on my V5C to suggest my van is anything other than a car derived van, the only weight listed is the kerb weight.

Got a VIN plate, hasn't it? And that has the GVW marked on it...

Nigel Worc's said:

There are plenty of other vehicles (a range rover for example, or a rolls royce), that exceed the weight, but what they are registered as trumps the weight, so why shouldn't mine ?

If you put a bed in it, and registered it as a motorhome, it'd get the higher limits, too. And if your aunt had a willy, she'd be your uncle.

You have a car-derived van. But it's over 2t GVW. Normal speed limits apply.

http://www.legislation.gov.uk/ukpga/1984/27/schedu...

The real live actual law said:

2 In this Schedule—
...
“car-derived van” means a goods vehicle which is constructed or adapted as a derivative of a passenger vehicle and which has a maximum laden weight not exceeding 2 tonnes

Your van does meet the first part of that test. It does not meet the second part. So it does not, legally, meet those requirements.
Your mate's Transit Connect does not meet the first part. It does meet the second part. It does not meet them either.

The word "and" can be a bit tricksy, I know, but...

[SS2.]

[Red Devil]

Physics GCSE fail everywhere.
Hint: check SI base units...