Vito Dualiner - Goods vehicle speeding ticket - NO!

Discussion in 'General Discussion' started by Vclass, Nov 26, 2012.

  1. Vclass

    Vclass New Member

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    Recently received a "Notice of Intended Prosecution" for travelling at 69mph on a dual carriageway part of the A303. :mad: I was pretty surprised to say the least, the offence was exceeding the limit for a goods vehicle. I browsed around the web a bit but didn't find a definitive answer as to whether a dualiner (or travelliner for that matter) is a car or a goods vehicle; it could be a car, but suggestion was that it also depends on use. Since I do not use the vehicle for trade - just like our old V-class - I thought it should be classed as a car for speeding.
    So herewith my experience for anyone with the same problem:
    After speaking to the "Safety Partnership" hotline, I wrote in explaining that the vehicle is not used for trade, and including photo's that showed the front and the numberplate, (that's all the speed camera guys see) the second window, and the second row of seats. Within a few days a letter of apology and withdrawel of NIP. :)
    BTW I had previously checked on the Severn Bridge as I typically prefer to go through the (car-only) automatic lane. They told me their rule is simple, and enforced by side facing cameras. If the vehicle has a window behind the driver's and a second row of seats, it's classed as a car.
     
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  2. BTB 500

    BTB 500 MB Club Veteran

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    It's neither. Legally a Vito Dualiner is classed as a "Dual Purpose Vehicle" (as long as you have at least of the two centre row seats fitted), which is then subject to car speed limits.

    Several of my friends have had the same problem as you - in one case the local Police refused to back down and she ended up paying the fixed penalty!

    Edit - I looked into this very carefully before ordering our Dualiner as the maximum unladen weight to be classed as a DPV is 2040 kg. The Long with the V6 engine (like ours) can exceed that depending on options fitted e.g. we couldn't have a second battery.
     
    Last edited: Nov 26, 2012
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  3. Tiff

    Tiff Hardcore MB Enthusiast

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    Interesting! I drive a dualiner breakdown van, which has rear windows, which are covered by reflective stickers. I did some research when I started the job and found that as it has rear seats, its a dual purpose vehicle and has the same speed limits as a car. It would be great to have a definative answer "just in case". Any traffic officers on here?
     
  4. BTB 500

    BTB 500 MB Club Veteran

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    There are, maybe one of them will pitch in.

    I still have a file of correspondence with Thames Valley police from 2007 when we ordered our Dualiner. They were very helpful, in complete contrast to the others I tried to get an answer from. They were:

    MB UK
    DVLA
    Highways Agency

    None of them were prepared to offer any advice whatsoever!
     
  5. flango

    flango MB Club Veteran

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    When prosecuting for goods vehicle offences this used to be the guidelines they worked to.

    Firstly they would determine if the vehicle was a car or a van they would take their lead on this from HMRC as they have the definitive list (attached for MB models)

    Secondly if the payload of the vehicle is more than 1 tonne after the seat pack is added then it is classed as a goods vehicle.

    Thirdly if the load area is larger than the passenger area then it is determined a goods vehicle

    This works for a stop check but as regards a camera I presume they check the registration against the model and if any match the van criteria they may issue a ticket and then it's up to you to prove it isn't a goods vehicle as it doesn't fit the above criteria.
     

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  6. BTB 500

    BTB 500 MB Club Veteran

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    The speed limits that apply are determined by whether it meets the definition of a Dual Purpose Vehicle or not:

    http://assets.dft.gov.uk/publications/dft-information-sheets/dft-vehicle-definitions.pdf

    Thames Valley police told me as far as proof is concerned
     
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  7. Dieselman

    Dieselman Banned

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    According to that, any Vito Dualiner without a high roof is a van.

    Is there an MOT tax class difference between car and van designated vehicles? Class 4 or class 7?
     
  8. flango

    flango MB Club Veteran

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    I don't think there is a dual purpose vehicle definition anymore is there :dk:, In the eyes of the law is it not either a car or a van :dk: seem to think they changed the MOT test to reflect this so some previous DPV's now need class 7 MOT's

    Maybe it was just a proposal ? I can't remember but will find out unless someone who knows posts first :thumb:
     
  9. flango

    flango MB Club Veteran

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    Just spoke to a serving traffic officer

    Dual Purpose Vehicle definition still exists and is covered under Road Vehicle (Construction and Use regulations) 1986 Part 1 regulation 3. It was just a proposal to abolish it and it never went through.

    He also said that in relation to MB it is pretty clear what is a DPV as described under the above act and in BTB 500 post,

    Hope that helps :thumb:
     
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  10. BTB 500

    BTB 500 MB Club Veteran

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    Yup the other point that was made to me when I was investigating this originally was that it doesn't make any difference what the vehicle has on the V5 (my Dualiner originally said 'panel van', which is why I asked), how it's taxed, how it's insured (business or not), what the MOT class is, what toll rate it pays on bridges, etc.

    Either it is physically a DPV (car speeds apply) or it isn't (van speeds apply). Specifically for the V6 639 Vito you need to be careful with the 2040 kg unladen weight as depending on spec. you could be over that. Whether they'd ever insist on you getting it weighed is another matter though ... suspect not.

    Of course you can fold the seats flat in your Viano CDI (physically the same vehicle) and load it up with 800+ kg of paving slabs without any restrictions whatsoever. So the whole thing is a bit daft.

    We drive on the continent - no idea whether the rules over there are the same or not. I didn't even try to find out - it was hard enough getting an answer in the UK :D
     
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  11. ringway

    ringway MB Club Veteran

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    After owning a Sprinter, I was pleasantly surprised the first time I took my Vito through the M6 Toll. Charged only as a car.
     

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