Updated: with exact definitions of mass in service, mass in running order.
Version 1.2- a simple statement that the kombi is a dual purpose vehicle.
I think, but am not sure that actually it will be for them to prove it isn't rather than for us to prove it is.
Can anyone who knows clarify the position regarding who has the burden of proof regards defences to speeding. Does the defendant (driver) have to prove that he has a defence? Or does the CPS have to prove that the driver does not? If the latter then just saying that you have a dual purpose vehicle should be sufficient and then it would be for the police to come and inspect against the various criteria / regulations.
Dear BLANK
I received a NIP dated (DDMMYYYY) ref (REF) in relation to an alleged episode of exceeding the speed limit on (DDMMYYYY), (HHMM)hrs at (LOCATION) which is a (single carriageway / dual carriageway) in vehicle (REG).
I will contest prosecution.
It is alleged that vehicle (REG) was traveling at (NNmph) and that this exceeded the permitted maximum of (50mph or 60mph) on a (single carriageway / dual carriageway) on the basis that vehicle (REG) is a goods vehicle.
(It is also alleged that the vehicle was exceeding the permitted maximum speed for the class of vehicle and I have separately been alleged to have committed this an independent offence).
I contest the basis of the NIP because (REG) is a dual purpose vehicle as defined by The Road Vehicles (Construction and Use) Regulations 1986 UK Statutory Instruments 1986 No. 1078 PART I Regulation 3.
Yours sincerely,
YOUR NAME
Version 2.2 - with proof:
Dear BLANK
I received a NIP dated (DDMMYYYY) ref (REF) in relation to an alleged episode of exceeding the speed limit on (DDMMYYYY), (HHMM)hrs at (LOCATION) which is a (single carriageway / dual carriageway) in vehicle (REG).
I will contest prosecution.
It is alleged that vehicle (REG) was traveling at (NNmph) and that this exceeded the permitted maximum of (50mph or 60mph) on a (single carriageway / dual carriageway) on the basis that vehicle (REG) is a goods vehicle.
(It is also alleged that the vehicle was exceeding the permitted maximum speed for the class of vehicle and I have separately been alleged to have committed this an independent offence).
I contest the basis of the NIP because (REG) is a dual purpose vehicle as defined by The Road Vehicles (Construction and Use) Regulations 1986 UK Statutory Instruments 1986 No. 1078 PART I Regulation 3.
Dual purpose vehicles are subject to identical speed limits as cars. See
Speed limits
Vehicle (REG) is a dual purpose vehicle because: Regulation 3 (above) states that a dual purpose vehicle is:
"a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kg, and which either—
(i) is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle; or
(ii) satisfies the following conditions as to construction, namely—
(a) the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;
(b) the area of the vehicle to the rear of the driver's seat must—
(i) be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle; and
(ii) be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres at the rear; and
(c) the distance between the rearmost part of the steering wheel and the back-rests of the row of transverse seats satisfying the requirements specified in head (i) of sub-paragraph (b) (or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the back-rests of the rearmost such row) must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle."
I confirm that my vehicle meets the weight criteria and criteria ii) a,b and c in their entirety.
Weight: Please find enclosed a copy of the V5 for (REG) the mass in service, at G (highlighted) is (XXXXkg).
1. The mass in service figure is provided by Volkswagen Commercial Vehicles to the DVLA at the time of initial registration on form V55/5 see DVLA document V355/5 at item 37. Mass in service as set out in the V5 is the mass in running order defined by Commission Directive 95/48/EC (20 September 1995) Annex I Appendix 1 item 2.6 as: "Mass of the vehicle with bodywork in running order, or mass of the chassis with cab if the manufacturer does not fit the bodywork (including coolant, oils, fuel, tools, spare wheel and driver)" The figure provided is on the basis of a driver mass of 75kg and an approximate 90% fuel load, see Volkswagen Commercial Vehicles brochure The Transporter 2019 edition technical information, kombi weights footnote 1.
2. Unladen weight is defined in SI (1986) No. 1078 Part 1 R3(2) as; "the weight of a vehicle or trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment." An explanation is provided at
www.gov.uk/vehicle-weights-explained which says"The unladen weight of any vehicle is the weight of the vehicle when it’s not carrying any passengers, goods or other items. It includes the body and all parts normally used with the vehicle or trailer when it’s used on a road. It doesn’t include the weight of:fuel, batteries in an electric vehicle - unless it’s a mobility scooter or powered wheelchair"
3. Vehicle (REG) has a 70lt fuel tank, it runs on (diesel/ petrol).
4. The approximate density of diesel (/ petrol) is 0.83kg/lt.
Therefore the unladen weight of a vehicle is: Mass in service - mass of driver - mass of fuel.
The unladen weight of my vehicle is: (Insert mass in service at G on V5)kg- 75kg - (70lt x 0.9 x 0.83kg/lt)
Which is (mass in service at G) kg- 75kg - 52.29kg = XXXXkg. This is below 2040kg.
Please find attached the schematic drawing of vehicle (REG) which is from the VW commercial vehicle brochure. This provides evidence to show that (REG) satisfies the other criteria, I also attach my own photographs of my vehicle.
Many thanks in anticipation of your confirmation that the intended prosecution will be withdrawn,
Yours sincerely,
YOUR NAME