Vehicle Certification Authority statement on the EU boat trailers legislation
by Jeremy Entwistle, Mersea Trailers 28 Feb 2013 06:11 GMT
There has been much confusion regarding the introduction of EU legislation (or sometimes known as type approval) of boat trailers which came into force on 31st Oct 2012.
Some manufacturers have claimed that boat trailers come under the category of SPV (Special Purpose Vehicles) and are therefore exempt until Oct 2014.
It has been a very grey area until last week when the VCA (Vehicle Certification Authority) and DFT (Department for Transport) issued the statement below clearly stating that boat trailers are NOT exempt.
This means that any company or individual who has sold a trailer since 31st Oct 2012 (or one not manufactured before 31st July 2012, i.e. old stock) that does not comply with the EU regulations could have broken the law.
We hope that this clears up the confusion.
Mersea Trailers will be at the RYA Dinghy show this weekend 2-3 March 2012 so please come and ask any questions you may have.
The complete statement from the VCA/DFT is available on our website here.
Statement from VCA issued 21/2/13
VCA Midlands Centre
Special Purpose vehicles
VCA has recently reviewed its opinion on the classification of vehicles as Special Purpose vehicles (SPV) for EU whole vehicle type approval.
This review has been the result of VCA being presented with many questions on the treatment of a multitude of "special" vehicles of all categories. It has been particularly difficult to classify trailers designed to carry specific loads such as boats.
Our interpretation is that, if not specifically categorised as SPV in 2007/46/EC, a vehicle can be special purpose only if it is fitted with special equipment to enable it to perform a specific function and if its special equipment means that it cannot comply with legislation. The SPV must not be designed also for general purpose activities. Furthermore, a blanket interpretation cannot be made that all examples of a particular type of vehicle can or cannot be SPV – each design will have to be judged on its merits. "Equipment" in this context could include features to enable a specific load to be carried.
This interpretation is endorsed by the Department for Transport.
Boat trailers
By way of example, the issue of boat trailers has been of particular concern. In the opinion of VCA, the majority of boat trailers should have no difficulty in complying with technical requirements and so, on the basis of VCA's interpretation, would not be SPV.
However, there might be a type of boat trailer, perhaps designed to transport a particular type of boat, that is not able to comply with technical requirements and so could be SPV.
A flat-bed trailer that can carry general loads but also has fittings to carry a boat would not be SPV.
Please Note
VCA role is to issue type approval certification if requested to do so, and in issuing approval VCA has authority to decide what approval should be issued e.g. SPV or not. However, it is not for VCA to judge whether approval is legally required in the UK or not under the Road Vehicle (Type Approval) Regulations 2009. Interpretation of these Regulations is the prerogative of the Courts and VCA can offer only its opinion. VCA will offer advice to the best of our ability, but we suggest that manufacturer should seek independent legal advice to help them to decide whether or not they require approval.
VCA 21 February 2012
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