Motor caravans are subject to an annual Class 4 MOT test from 3 years old, however we heard that some larger motorhomes with garages were being classed at 'living vans' by MOT testing stations. This has potentialy serious implications, as you will see below.
All living vans are regarded as goods vehicles. This is because such vehicles are used primarily for living accommodation but are also able to carry goods which are not needed for the purpose of residence in the vehicle. Section 192 of the Road Traffic Act 1988 defines ‘goods’ as ‘goods or burden of any description’. As such, ‘goods’ is not a term restricted solely to items carried for gain or reward. It is our view, therefore, that bikes or cars carried in a designated area on a vehicle should be regarded as goods and that vehicles which have the capacity to carry such items within them have to be regarded as living vans and not motor caravans.
A point was raised and the reply was
We take your point that a "living van" looks just like a motor caravan but the important difference is that it is used to carry goods and is therefore classified as a goods vehicle. The consequence is that if the living van is above 3500kg gross vehicle weight it falls under the goods vehicle plating & testing regime and will need to have an annual roadworthiness test, once the vehicle is a year old, carried out at a VOSA test site.
Smaller living vans (under 3,500kgs) can be MOT tested as Class IV or Class VII vehicles depending on their weight. The first MOT test would be required from the third year following registration and then every year thereafter. However, many living vans are outside the scope of MOT testing as they exceed 3,500kgs in weight. These heavier living vans should be tested at a VOSA goods vehicle testing station under the Goods Vehicles (Plating and Testing) Regulations 1988. Such vehicles must be tested annually from the first year following registration.
It really is quite difficult for us to see how the definition of items "needed for the purpose of their residence in the vehicle" could be stretched to include motor cycles or small cars. Nevertheless interpretation by the enforcement authorities is a matter of both fact and degree and we can offer no further advice on the specific point of what would or would not be treated as "goods".
To conclude we would suggest that the best advice to give your members is that if they are carrying goods on a vehicle that is over 3.5 tonnes it is very likely to need a goods vehicle test carried out annually at a VOSA test station once the vehicle is a year old. Beyond that if you need advice on the effect of carrying a small car or any other specific items we suggest that you seek independent legal advice.
