UNLICENSED DRIVER BANNED FOR 2 YEARS AND LOOSES JOB

RIDING SCHOOL FORCED INTO BANKRUPTCY FOLLOWING HUGE COMPENSATION CLAIM AFTER UNLICENSED EMPLOYEE KILLS CYCLIST

Seem these headlines recently? No? Me neither but it may not be very long before we do. Did you know the law regarding new drivers changed in 1997 – that’s nearly seven years ago and many people are driving illegally. Many unknowingly. What am I talking about? The 1997 New Drivers Act, that came into force in, well, 1997. This Act created a whole new dimension on driver behaviour, especially for new drivers, hence the name. It introduced the 6 points rule, whereby a new driver will loose their license if more than 6 points are acquired in the first two years. They will then have to start from the beginning, with the theory test (including hazard perception test) and full practical driving test. It also restricted the types of vehicles new drivers are permitted to drive.

Back in the good old days, prior to 1997, passing the car test opened up our lives, giving us independence and freedom. Not soon after I passed mine they even removed the need for a man with a red flag to walk in front of the car! It also gave us quite a bit more, which most of us did not even know about and almost certainly were not interested in at such a tender age. For example we gained the following license entitlements without having to take further training or tests:

Category B - vehicles up 3500kgs, or 3.5 tonne, with up to 8 passenger seats
B1 - motor tricycles up to 550 kgs (handy if you wanted to drive a Reliant)
B+E - vehicles up to 3500kgs with a heavy trailer (weight not stipulated)
C1 - vehicles between 3500kgs and 7500kgs
C1+E - same vehicle with heavy trailer
D1 - minibuses with between 9 and 16 seats
D1+E - same vehicle with heavy trailer.

So, what did this all mean to a 17 year old with new license in hand? Well, it meant the day after passing my test in a mini, I could jump straight into a 7.5 tonne lorry unaccompanied. I could attach a 2 tonne horse trailer, complete with two horses, and drive off into the sunset. Could I handle them? No. Could I reverse them? No. Did I have any idea what I was doing? No. Was I legally entitled to drive them? Yes. Crazy? I think so. The first time I had to drive a Transit van (35cwt) I felt like I was in a juggernaut! How do you see out of the side when there are no windows there? I left so much room when passing parked cars, you could have got a bus between us! Length ways! To say I was terrified the first time I drove a lorry would be an understatement and I was 30 then, I had been driving for 13 years, yet I was perfectly entitled to drive it, without any further training. Clearly, madness and one that was addressed by the 1997 New Drivers Act.

In order to work out whether we can drive the vehicle/trailer combination, we need to know three weights: the maximum gross weight of the trailer; the maximum gross weight of the towing vehicle and the unladen weight of the towing vehicle. These should all be shown on plates on the trailer and vehicle. The gross weight is referred to, in official terms, as the Maximum Authorised Mass (MAM), which means the maximum potential weight the trailer or vehicle can carry, including it’s own weight and cargo, regardless of how much it actually weighs at any given time.

Now, a new driver will only get category B and B1, allowing them to drive a vehicle up to 3500Kgs plus a trailer with a MAM of 750Kgs.. Simple. So let’s complicate it slightly by adding that a heavier trailer may be towed provided the MAM of the trailer does not exceed the unladen weight of the towing vehicle and the combined weights do not exceed 3500Kgs. Confused? Ok, so let’s look at it from a practical point of view. In essence, this means horse-trailers; boats; caravans; car trailers (that means all the chaps going off to the stock car races); probably any trailer carrying more than one motorbike (scramblers, trials riders, etc); hang gliders. The list goes on but you get me drift.


So what, you may say. I passed my test prior to 1997 so it does not effect me. Quite right. However, if you take up caravaning in the future, it is quite reasonable that, on a long journey, you may want someone else to take over the driving for a while, so that you don’t get too tired. Don’t forget, this does not only apply to young drivers, it is anyone who passed their test after 1st January 1997. So, you may not trust young Johnny with your Range Rover and 20ft caravan but your partner is a safe and experienced driver – they probably even helped choose (or dictate?) the car and caravan you bought, so no problem there. Except if they passed their test after that crucial date, you do have a problem. Don’t forget also, if anyone is driving without the correct license entitlement, they may not be insured either. Have you ever considered driving without insurance? You would not even considered that, would you? That’s exactly what you would be doing if you allowed someone to drive unlicensed. You would also be aiding and abetting an offender. Scary!

Also remember, this is not just trailers we are talking about but medium sized lorries – 3.5 – 7.5 tonnes. Sounds big doesn’t it and does not affect us. Just consider, the average Bedford horse box has a plated MAM of 5 tonnes! Even some of the new ambulances exceed 3.5 tonnes when fully equipped! I haven’t even started on minibuses yet – bet you think that’s never going to affect you? Just consider, though, that the long wheel base Land Rover Safari is plated as having 12 seats – three in front; three behind; two bench seats going length ways in the rear, seating three each. Old faithful has suddenly become a minibus and cannot be driven by a new driver. Unless the relevant test is taken. If you then want to tow a trailer, there’s another test for you! Fun, isn’t it?

So, who is going to be effected, in reality? Only people using large vehicles and trailers? Not going to effect you, or your family? Well, consider these scenarios:

Range Rover (mam = 3.5 tonnes) with 20ft caravan (mam 1.5 tonne), combined weight = 5 tonne, over the limit

Daihatsu FourTrack (mam = 2.5 tonnes) with double horse box (mam 2 tonnes), combined weight = 4.5 tonnes, over the limit

A Suzuki Vitara with an unladen weight of 1.25 tonne and a MAM of 2 tonnes cannot tow a pony trailer with a MAM of 1.5 tonnes. Although the combined weight is only 3.5 tonnes, the MAM of the trailer is more than the unladen weight of the Suzuki.

Transit van (mam 2 tonne) with builders generator (mam 3.5 tonnes), combined weight = 5.5 tonnes and trailer weighs much more than the towing vehicle

Any of these sound familiar? All of these exceed the weight limitations for category B drivers.
I could go on (and on and on ….) but you get the picture

So, there we have it: The 1997 New Drivers Act is now entering it’s seventh year. Just about the time when a lot of us are getting to that age when we may be considering taking up activities that involve towing. Even those of you with youngsters taking an interest in pony clubs may well soon be considering buying a trailer and something a little bigger to tow it with. Are you licensed? Better check. Even if you are, do you know what you are doing? Will you be safe – or will you do what most of us have done before – have a go and see what happens! Just consider how much you may have invested on the car, trailer and pony – not to mention the emotional commitment. Is it worth taking the risk? In our next article, I will be explaining what the test involves and, hopefully, some exciting news on an initiative by the BHS to bring together a number of training establishments, nationwide, who can provide a high standard of training in preparation for the trailer test. If, in the meantime, you think you may be affected by this new law, or just want more information, please phone 01206 305950

Richard Martin

Just Richard
Driver Training

TOWING: ARE YOU LEGAL?

The law changed but did you know?
If you passed your test after 1st January 1997 anything you tow must have a gross laden weight under 750Kgms.

Most horse-trailers, caravans and general trailers
will exceed this limit

Check your license NOW– If you do not have category
B+E entitlement, you may need to take an additional test

Licensed OK but not sure what to do?

We are happy to help you get started with an introduction to towing, covering safety, reversing, legal requirements, loading, etc.
For more information call 01206 305950
or visit our website: www.trailertraining.org.uk