The Road Vehicles (Authorisation of Special Types) (General) (Amendment) Order 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends article 3 (interpretation) and Part 5 (miscellaneous special vehicles) of the Road Vehicles (Authorisation of Special Types) (General) Order 2003 (“the 2003 Order”) to make provision for the use of longer semi-trailers (LSTs) on roads as a special type of vehicle, subject to specified authorisation requirements. It also amends Table 16 of Schedule 11 to the 2003 Order (vehicles for tests, trials or non-UK use etc: Construction and Use regulations that do apply) to include regulation 110 (mobile telephones) in the list of provisions of the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”) which apply to such vehicles.

Articles 3 and 4 make provision for longer semi-trailers. Article 3 inserts the definition of “longer semi-trailer” into article 3(1) of the 2003 Order. It also inserts definitions of “low loader”, “semi-trailer” and “stepframe low loader” which are needed as a consequence of that definition.

Article 4 inserts new articles 57 to 63 into the 2003 Order. New article 57 provides that LSTs are a recognised category of special vehicle. New articles 58 to 62 specify the authorisation requirements that are applicable to LSTs.

• New article 58 specifies the legislation which applies to LSTs as authorisation requirements.

• New article 59 specifies maximum length requirements for LSTs.

• New article 60 makes provision for various other construction requirements;

• New article 61 makes provision for requirements relating to route plans and risk assessments for LSTs. It provides that, in general, an LST must not be used on a road otherwise than on an established route (paragraph (1)), defined as a route which is specified on a route plan, and for which a risk assessment has been completed (paragraph (2)).

• Paragraphs (3) to (5) specify the requirements for route plans and risk assessments.

• Paragraphs (6) and (7) set out requirements for the keeping of copies of route plans and risk assessment for established routes by operators, and for the carrying of these documents in motor vehicles towing LSTs when they are being used on established routes.

• Paragraph (8) makes an exception to the general rule in paragraph (1). It allows an LST to be used on a diversionary route where (a) its use on the whole or any part of an established route is prohibited by any enactment other than this Order, or (b) the operator reasonably considers that an accident or other obstruction on the established route is likely to make it subject to unreasonable traffic delays.

• This is subject to the restriction in paragraph (9), which provides that where an operator becomes aware of an accident or other obstruction on an established route before the LST reaches that route. In this case an LST must not be used on a diversionary route where it is reasonably practicable either to use an alternative established route, or to specify the diversionary route on a route plan and to complete a risk assessment for it.

• Paragraph (10) limits the period for which an LST may be used on a diversionary route where its use on that route is permitted by paragraph (8)(a).

• New article 62 provides that, before an LST is first used on a road by an operator, the operator must notify the Secretary of State of its intention to use that LST on a road. This is unless the LST has been in the operator’s lawful possession for less than one month. The article ceases to have effect after five years beginning with the date this Order comes into force.

• New article 63 provides that the provisions of section 53(1) and (2) of the Road Traffic Act 1988 (obligatory goods vehicle test certificates) apply to LSTs, except where an LST is used for a purpose specified in regulation 44(1)(a) to (d) or (f) to (h) of the Goods Vehicles (Plating and Testing) Regulations 1988.

• Article 5 of this Order amends Table 16 of Schedule 11 to the 2003 Order. Table 16 specifies the provisions of the 1986 Regulations which apply to vehicles for tests, trials and non-UK use etc. Article 5 inserts an entry into Table 16 for regulation 110 (mobile telephones). The effect of this provision will be that the use of mobile telephones or other handheld devices while driving such a vehicle will be prohibited in accordance with that regulation.

• Article 6 requires the Secretary of State to carry out a review of the regulatory provisions contained within article 4, and to publish a report setting out the conclusions of that review. The report must be published before the end of the period of five years beginning with the date on which the provisions come into force.

• A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published with the explanatory memorandum and is available alongside this instrument at www.legislation.gov.uk, or from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR.