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Current
owners of 8mph scooters who do not display a tax disc on their
machine, or do not have their machine registered with the DVLA,
should call the telephone number at the bottom of this page to
find out what you need to do. The letter follows:
Hello All,
NFSUK has received hundreds of phone calls and emails from
concerned members of the public about the two articles that have
appeared in the Mail on Sunday on 26th November and 3rd December
2006. The reports highlight some concerns, but are not balanced
or in context. To suggest that every scooter owner or user
behaves in the way the articles suggest or that they are all
acting illegally in not registering their vehicles with the DVLA
is factually incorrect.
All affiliated Schemes know that NFSUK requires that as a
condition for affiliation the Schemes must adhere to minimum
standard and best practice requirements in regard of user
training, maintenance of equipment, risk assessment and
insurance. These standards have to be confirmed / re•confirmed
on an annual basis.
Many Schemes have been amongst those calling for the facts about
registration. The information provided direct from the DVLA
Policy Unit about the legislative provisions for registering and
licensing these "invalid vehicles" is as follows:
"The Use of Invalid Carriages on the Highways Regulations 1988
(made under the provisions of the Chronically Sick and Disabled
Persons Act 1970) provides the construction and use requirements
for invalid carriages. Under these regulations, invalid
carriages are separated into 3 categories:
Class 1 • Manual wheelchairs, i.e. self•propelled or attendant
propelled, not electrically propelled.
Class 2 • Powered wheelchairs and scooters • intended for
footway use only with a maximum speed of 4mph and an unladen
weight not exceeding 113.4kgs
Class 3 • Mechanically propelled invalid carriages that are
constructed or adapted to be capable of exceeding a speed of
4mph but incapable of exceeding a speed of 8mph on the level
under its own power (generally powered wheelchairs and other
outdoor vehicles including scooters intended for use on
roads/highways). They must be fitted with a device capable of
limiting the maximum speed to 4mph for used when travelling on
footways. The unladen weight must not exceed 150kgs.
Class 1, 2 and 3 invalid carriages are exempt from driver
licence requirements under the provisions of S20 of the
Chronically Sick and Disabled Persons Act 1970.
The legislation governing vehicle registration, licensing and
the payment of vehicle excise duty (VED) is contained in the
Vehicle Excise and Registration Act 1994 (VERA)(as amended).
Under the provisions of VERA, all mechanically propelled
vehicles used on a public road must be licensed (i.e. display a
tax disc) and registered.
This means that Class 2 and Class 3 invalid carriages are
required to be licensed and registered under the provisions of
VERA. However, because of the limited road use of Class 2
vehicles, the Department exempts them from the vehicle licensing
and registration provisions on an extra•statutory basis. Class 3
vehicles, however, must display a nil duty tax disc (i.e. be
licensed in the disabled tax class) and be registered for road
use.
The Road Vehicles (Display of Registration Marks) Regulations
2001 provides the requirements for displaying registration
plates. Vehicles that meet the definition of an invalid vehicle
within these regulations are exempt from displaying registration
plates. "Invalid vehicle" within these regulations means "a
vehicle, the unladen weight of which does not exceed 254kgs and
which is specially designed and constructed, and not merely
adapted, for the use of a person suffering from a physical
disability and solely used by that person."
The Road Traffic Act 1988 provides for the requirement to have
insurance against third party risks for motor vehicles. However,
vehicles meeting the definition of an invalid carriage under
S185 of that Act, are exempt from the requirement to have motor
insurance cover. The term "invalid carriage" has the same
meaning as the term "invalid vehicle" within the Road Vehicles
(Display of Registration Marks) Regulations 2001.
In short this means that if your vehicle is a class 3 invalid
carriage, it will need to be registered for road use, be
licensed in the "disabled" taxation class and display a nil duty
vehicle licence (tax disc). It will not, however, need to
display registration plates.
In order to first register and license a class 3 invalid
carriage the user will need to complete form V55/5 (for used
vehicles) or V55/4 (for new vehicles) and take or send it to
their nearest DVLA local office (addresses can be found in
information leaflet V100 • available from post offices that
issue tax discs • and on
www.direct.gov.uk/motoring ). Evidence of the vehicle's age
(or newness) will need to be submitted with the application
together with documentation confirming the keeper's your name
and address."
It is unlikely that most of the above will be news to many
Schemes. NFSUK is confident that affiliated Schemes will be
complying with the law and best practice. There is a clear
understanding that affiliated Shopmobility Schemes provide
equipment to users who have a temporary or permanent physical
impairment that affects their mobility, and whose shopping or
leisure or other experience will be enhanced by using the
equipment provided. They do not have to be "severely disabled"
(whatever that is supposed to mean) or registered as disabled or
hold a blue badge.
In response to the article published yesterday, the DVLA and DfT
are now working on a Press Release that will seek to correct the
position as published by the Mail on Sunday.
Hopefully, the above guidance will enable you to advise clients
and other users of the legal position in a clear and
straight•forward way.
NFSUK will pass on the DVLA/DfT press release as soon as it
becomes available. In the meantime, you might wish to contact
the Mail on Sunday to advise them of your views about their
articles on this matter to bring some balance back into the
argument!
Contact the National Federation of Shopmobility on 0845 644 2
446 for more information
USEFUL LINKS
http://www.dvla.gov.uk/vehicles/invalid_vehicles.aspx
http://www.direct.gov.uk/en/Motoring/index.htm |
