Company Van - Light Goods Vehicle

AdrianC

Tarambor wrote: »

You mean on the private land that is[STRIKE]n't[/STRIKE] covered by the Road Traffic Act?

If there's an expectation of unfettered public access...

It's not been absolutely clear-cut in the past, when it's come to court, not least because there are big differences in the access restrictions to different car parks. But there certainly have been successful prosecutions.

"In 2010, David John Arthur, 62, tried to convince Truro magistrates that he was not guilty of drink-driving because he was caught in a Tesco Extra supermarket carpark, claiming it was private property and the law did not apply. He was convicted. In 2012, Lisa Docktray, 41, drove from her friend’s caravan to her own at Presthaven Sands holiday park, Gronant. She had an alcohol reading of 102 micrograms compared with the legal limit of 35, and believed she could drive because it was private land. She was found guilty."
https://hansard.parliament.uk/commons/2017-07-13/debates/138F15A7-6080-4EC6-A9FE-74A80B68FC89/DrivingOffencesPrivateLand

Gloomendoom

Supersonos wrote: »

I had a Caddy for years and always believed it to be a car-derived van, so drove at whatever the posted limit was.

I now have a Vito... and still drive at the posted limit. If you drive slower, people get very very angry.

I've always assumed speed cameras can't distinguish that I'm a LGV so won't flash me.

And I never see the police these days.

There was bloke having a moan in the pub a month or so back. He'd been done for doing 62 when he should have been doing 50. It was a roadside camera van that got him. Evidently, they can tell the difference.

Until then he had no idea the speed limit was lower.

Car_54

Tarambor wrote: »

You mean on the private land that isn't covered by the Road Traffic Act?

A typical Tesco's car park is certainly covered by many parts of the RTA, although the speed limit isn't. But ignoring it might constitute careless or dangerous driving.

Car_54

Gloomendoom wrote: »

There was bloke having a moan in the pub a month or so back. He'd been done for doing 62 when he should have been doing 50. It was a roadside camera van that got him. Evidently, they can tell the difference.

The man in the van operating the camera can certainly tell the difference.

Scrapit

dannyrst wrote: »

Do you go 5mph in Tesco car park?

I'd be more inclined to speed on the road than Tescos car park

family4tunes

In simple terms:

A light commercial vehicle is a vehicle that is designed to carry goods up to a gross weight of 3.5 tonnes (metric).

The key words are the "designed to carrying of goods". This could be a vehicle designed to transport parcels, equipment, or anything commercially or even passenger's (Taxi-Private Hire etc).

If it is owned by a company/individual and carries goods up to 3.5 tonnes it is a light commercial vehicle. If it is a vehicle that is privately owned to transport the owner from A to B (friends/relatives) then it is a private vehicle.

In short, your partner was employed to drive a vehicle for a company which you describe was van-like. This counts as a commercial vehicle, a vehicle used for commercial use, the carrying of goods/equipment. "A light goods vehicle". Even a small three wheeled vehicle can come under this category if it carries commercial goods, size does not matter, it is the design and use of the vehicle that determines its description.

This rule also applies to vehicles driven in the EU, so if your partner is from a country within the EU this law would still apply. Other international countries have their own deviants.

I think this comes down to your partner's ignorance of the law regarding the type of vehicle he is driving, and his knowledge of that vehicles speed restrictions.

Ignorance is no defence I'm afraid, he should have made himself aware of the traffic laws before driving the vehicle.

family4tunes

As long as you are not using the van comercially and it is registered at DVLA as a private vehicle you have no worries.

Apodemus

family4tunes wrote: »

As long as you are not using the van comercially and it is registered at DVLA as a private vehicle you have no worries.

Yes, it all boils down to how the individual vehicle is registered with the DVLA - it is entirely possible to have two identical vehicles, with one registered as private and one as commercial (and paying different annual rates). However if someone is working as a van driver, I think it would be reasonable to assume that the vehicle is registered as a commercial!

AdrianC

A van is a van is a van. It doesn't matter if it's being used to transport boxes for the owner's business, or if it's being used to transport the owner's private hobby materials.

Car_54

family4tunes wrote: »

In simple terms:

A light commercial vehicle is a vehicle that is designed to carry goods up to a gross weight of 3.5 tonnes (metric).

The key words are the "designed to carrying of goods". This could be a vehicle designed to transport parcels, equipment, or anything commercially or even passenger's (Taxi-Private Hire etc).

If it is owned by a company/individual and carries goods up to 3.5 tonnes it is a light commercial vehicle. If it is a vehicle that is privately owned to transport the owner from A to B (friends/relatives) then it is a private vehicle.

In short, your partner was employed to drive a vehicle for a company which you describe was van-like. This counts as a commercial vehicle, a vehicle used for commercial use, the carrying of goods/equipment. "A light goods vehicle". Even a small three wheeled vehicle can come under this category if it carries commercial goods, size does not matter, it is the design and use of the vehicle that determines its description.

This rule also applies to vehicles driven in the EU, so if your partner is from a country within the EU this law would still apply. Other international countries have their own deviants.

I think this comes down to your partner's ignorance of the law regarding the type of vehicle he is driving, and his knowledge of that vehicles speed restrictions.

Ignorance is no defence I'm afraid, he should have made himself aware of the traffic laws before driving the vehicle.

With respect, this is appalling advice.

1. The speed limit applies to "vans", not to "light commercial vehicles".

2. It applies regardless of who is using the van, or for what purpose.

See the Road Traffic Regulation Act 1984, schedule 6.