Vehicle Legislation for Vans

Vehicle Legislation for Vans 2024

Weight Limits for Vans

The Problem

Overloading a vehicle can lead to road damage, vehicle damage, and increased risk for both the driver and other road users. Vehicles are designed to carry specific maximum weights, and exceeding these limits can cause fatal consequences. Overloading strains vehicle tyres, reduces stability, impairs steering, and increases stopping distances. It’s also illegal. Authorities conduct random roadside checks to enforce overloading regulations.

Vehicle Load Responsibility

Ensuring a vehicle isn’t overloaded is the moral and legal responsibility of both the driver and their employer. Additionally, anyone who causes or permits an overloaded vehicle to be used can be charged with committing an offence.

Health and Safety at Work Act

Companies have a ‘duty of care’ under the Health and Safety at Work Act to ensure the safety of employees. This includes implementing policies to prevent vehicle overloading.

Legislation

The law requires vehicle users to ensure their vehicles are not overloaded. Both the driver and operator can be prosecuted if an overloaded vehicle is found. Penalties include fines for each offence, covering each overloaded axle and total weight. A dangerously overloaded vehicle can lead to a Dangerous Driving charge, carrying a prison sentence. Additional offences include refusing to allow the vehicle to be weighed and obstructing an officer, both of which carry heavy fines. Overloading that results in a fatality can lead to charges of Manslaughter or Death by Dangerous Driving for both the driver and employer.

Overload Penalties

If an enforcement officer finds your vehicle overloaded, you may receive a prohibition notice, preventing further travel until the weight is corrected. This could mean unloading or redistributing goods. You’ll need a ‘removal of prohibition notice’ to continue your journey. Alternatively, you might get a ‘direction to drive notice’ to a specified place for off-loading.

Towing

Towing a trailer increases the demands on both the vehicle and driver. Acceptable trailer towing weights can be found in the vehicle’s handbook. Ensure:

• Any vehicle with a chassis plate towing a trailer has the maximum Gross Train Weight (GTW) added to its chassis plate to avoid exceeding the maximum gross weight at a checkpoint.
• Loads in the trailer are kept low and near the axle.

For Van Drivers

Vans have the highest rate of overloading prohibitions. To avoid overloading:

• Know the weight and load capacity of your vehicle. Maximum permitted axle weight and Gross Vehicle Weight (GVW) can be found in the driver handbook or on a plate located by the bulkhead or driver/passenger door.
• Don’t confuse GVW with GTW. GVW is the maximum weight of the vehicle plus any load, while GTW is the combined maximum weight of the vehicle and any trailer being towed.
• Remember GVW includes the weight of the vehicle, driver, load, and passengers. Also account for pallets, packing cases, and roof rack contents.
• Ensure the load is distributed evenly. Recheck the distribution after any drop-offs.

Seat Belts

Adult Restraint – Car

• Drivers and adult front seat passengers must wear a seat belt unless medically exempt.
• Adults in the rear of a car must use seat belts if fitted. It’s the adult passenger’s responsibility to ensure they wear the seat belt.

Delivery Drivers

• Delivery drivers were once exempt from wearing seat belts for ‘local’ deliveries, but as of 1st March 2005, this exemption only applies when traveling 50 meters or less between stops.

Minibuses and Coaches

• Minibuses and coaches registered after 1st October 2001 must have forward- or rearward-facing seat belts.
• Older minibuses and coaches transporting three or more children must have forward-facing seats with appropriate seat belts.

Minibuses – Front Seats

Passengers in front seats and exposed seats must use seat belts. For children:

• Under 3 years: Use an appropriate child restraint.
• Aged 3-11 years, under 1.5 meters: Use an appropriate child restraint if available, otherwise use the seat belt.
• Aged 12-13 years, and younger children over 1.5 meters: Use the seat belt.
• Aged 14 years or more: Must wear a seat belt and are responsible for doing so.

Rear Seats in Small Minibuses

Passengers in rear seats of minibuses under 2,540 kg must wear seat belts. The driver must ensure:

• Children under 3 years use an appropriate child restraint if available.
• Children aged 3-11 years, under 1.5 meters: Use an appropriate child restraint if available, otherwise use the seat belt.
• Children aged 12-13 years and younger children over 1.5 meters: Use the seat belt.
• Passengers aged 14 years or more are responsible for wearing their seat belts.

Mobile Phones

Penalties for Using a Mobile Phone While Driving

Using a mobile phone while driving is both illegal and extremely dangerous. Despite extensive government-backed awareness campaigns and increased penalties, many people still underestimate the risks involved.

What Are the Penalties for Using a Mobile Phone While Driving?

If you’re caught using a mobile phone while driving, you will face significant penalties:

• Fixed-penalty notice: A £200 fine and six penalty points for using a handheld phone while driving.
• New drivers: Those who have passed their driving test within the last two years will automatically lose their licence.
• Court penalties: If taken to court, you could face disqualification and a maximum fine of up to £1,000 (£2,500 if you’re driving a lorry or a bus).
• Causing death: From 28 June 2022, the penalty for causing death due to using a handheld device while driving increased from 14 years to life imprisonment, categorizing it as dangerous or careless driving.

The Law on Using a Mobile Phone While Driving

It’s illegal to hold a mobile phone in your hand while driving, even for a short time, whether you’re queuing in traffic or stopped at a traffic light. This law also applies to those supervising learner drivers. A previous loophole allowing the use of phones for taking photos and videos has been closed.

Using a handheld mobile phone distracts you from driving, preventing you from staying in full control of your vehicle. According to the Department for Transport, looking at your phone for just two seconds while traveling at 30 miles per hour means you will travel nearly 100 feet blind, significantly increasing the risk of an accident.

Legal Exemptions for Using a Handheld Phone in Your Van or Car

The only legal exemptions for using a handheld phone in your car are:

• If you’re safely parked (not in traffic).
• If you need to call 999 emergency services and it’s not safe to stop.
• If you’re making a contactless payment from the car (the car must be stopped).
• If you’re using the device to park your car remotely.

What About Hands-Free Devices?

Using hands-free devices while driving is legal if set up correctly with a hands-free aid such as:

• Bluetooth headset
• Built-in voice command computer
• Dashboard phone holder
• Windscreen mount
• Built-in sat nav

Ensure that any hands-free device is attached to the windscreen or dashboard without obstructing your view of the road.

Understanding these regulations and penalties is crucial for safe and responsible driving. Stay informed and compliant to avoid the serious consequences of distracted driving.

Minibuses

Minibus Seating Capacity

Driving or permitting the driving of an over-occupied Public Service Vehicle is an offence. Seats designed for more than one adult count each part as a separate seat.

Minibus Seatbelt Requirements

Seatbelt requirements vary by vehicle age, passenger type, and seat type. Regular inspection and maintenance of seatbelt fitments are essential, checked during annual MOT tests.

Minibus Driver Licence Requirements

Drivers must hold the correct licence for the vehicle. Failure to do so is an offence with legal repercussions. Operators must ensure drivers are adequately trained and licensed. Note: Permit scheme exemptions for volunteer drivers do not apply outside the UK.

Tachograph Requirements

Minibuses used commercially with a combined weight (vehicle and trailer) over 3.5 tonnes require a tachograph, unless carrying passengers’ belongings.

MOT Testing for Minibuses

• Minibuses with up to 8 passenger seats require MOT inspections three years after first registration, then annually.
• Minibuses with 9-16 passenger seats require their first MOT one year after registration, then annually.

Certificate of Initial Fitness (CIF or COIF)

Required for commercial service vehicles, but optional for community use vehicles. Obtaining one may facilitate future sale to commercial operators.

Smoking Ban

Those Affected

From 1st July 2007, anti-smoking legislation applies to work vehicles, including company cars, used by multiple employees.

Children and Smoking Regulations in Vehicles

As of 1st October 2015, it is illegal to smoke or to fail to prevent smoking in a private vehicle when someone under the age of 18 is present. This regulation aims to protect children from the harmful effects of second-hand smoke. Notably, the rule does not apply if the driver is alone in the vehicle.

Signage Requirements

Anyone with management responsibilities for a smoke-free vehicle must ensure that at least one legible no-smoking sign is displayed in the vehicle. There are no specific requirements regarding the size, shape, content, or location of these signs. The responsibility for maintaining a smoke-free vehicle falls on both the driver and any person with management responsibilities for the vehicle.

Penalties

Non-compliance penalties include:

• £50 fixed penalty for smoking in smoke-free premises/vehicles, up to £200 fine.
• £200 fixed penalty for failing to display no-smoking signs, up to £1,000 fine.
• Up to £2,500 fine for failing to prevent smoking in smoke-free premises/vehicles.

Company Policy

Employers must:

• Introduce a smoking policy compliant with new legislation.
• Raise awareness through posters, emails, and management communication.
• Update staff policy handbooks and ensure employees sign for copies.
• Clarify policy enforcement and offender consequences.
• Display no-smoking signs in shared vehicles.
• Support employees in quitting smoking.

Designate smoking areas and mark non-smoking zone