Wise up before using a tractor for road haulage haulage

15 February 2002




Wise up before using a tractor for road haulage haulage

The use of high-speed tractors on the road for haulage

operations appears to be a constant cause for concern

to operators who are unaware of the legal restrictions

and requirements associated with this type of work.

Agricultural vehicles consultant Mike Braithwaite

answers some of the most frequently asked questions

QI want to use my high-speed tractor to haul sugar beet from my farm to a beet factory. What do I need to do to ensure this is a legal operation?

AProviding the produce belongs to the owner of the vehicle, then there are no problems, apart from the distance factor. There is no change in taxation classification, driver and driving licensing, fuel type or insurance requirements.

However, the distance from the farm to the factory must be borne in mind. If the distance is more than 15 miles then an operators licence will be required.

Because the transportation is of the farmers own produce and the movement is on behalf of his own business, then a restricted operators licence would be sufficient. If the distance is less than 15 miles, such a licence would not be required.

The weight of the vehicle used must also be borne in mind. Because the vehicle combination is being used for agricultural purposes, the maximum gross weight of the trailer (the total weight of the trailer and its load) must not exceed 18,290kg.

And the gross train weight of the combination (total weight of the tractor and the trailer) must not exceed 24,390kgs.

QWhat would be different if I used my high-speed tractor to haul sugar beet for a neighbouring farmer or other produce for commercial gain?

AOnce you start hauling other peoples produce for commercial gain, the operation becomes a hire and reward situation and you and your vehicle fall into the general haulage category. This means that a National Standard operators licence is required, no matter what distance is involved.

Because the vehicle combination will no doubt exceed 7.5 tonnes gross vehicle weight, the driver must be over the age of 21 years and hold of a category C and E driving licence.

You can no longer get away by using an agricultural tax for the vehicle (now a zero rate), so you will have to pay for a general haulage taxation, which is now dependant upon the plated weight of the combination.

The vehicle will also require a tachograph fitting and ordinary white diesel must be used.

QIf I use my high-speed tractor for fieldwork on my farm for some of the year and then haul produce for commercial gain, do the same restrictions apply?

AThere are two sets of circumstance here – normal farm operation work and general haulage work.

When the vehicle is being used on the farm for field work, it can be taxed agricultural, driven by a 16-year-old and be filled with red diesel.

But as soon as it starts working for commercial gain, the full requirements must be complied with as stated in question two above.

If the vehicle is used for commercial use a standard operators licence is required, which would be valid for a period renewable every five years. A tachograph will also need to be fitted and drivers hours to be kept.

But during the field operations, both the tachograph and drivers hours rules do not apply because they fall within the exemptions.

As far as the fuel situation is concerned, when used for commercial gain ordinary derv must be used, but the tractor can be filled with red diesel while used on land.

It must be stressed, however, that once the vehicle commences the commercial gain side of the operation all red diesel must be removed from the vehicles tanks and ordinary derv used. Any traces could draw the attention of Customs and Excise officers. &#42

&#8226 Mike Braithwaite lectures on the subject of agricultural vehicles on the road. He stresses that the answers he has given are based on his interpretation of the law and it must be remembered that reference must be made to the various acts and regulations dealing with this subject because they only have the force of law and it is only the courts who can authoritatively interpret the legislation.

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