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Delivery vehicle definition

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Marmalade
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PostPosted: 00:28 - 22 Dec 2011    Post subject: Delivery vehicle definition Reply with quote

Can anyone help with this?

It seems that various traffic wardens / enforcement officers have no idea if or what is the definition of a delivery vehicle.

Some are of the opinion only a van can be loading, some are ok with bikes and vans but not people carriers and cars etc.

Is there a legal definition of what is a delivery vehicle and can legally be stopped for the duration of a delivery?
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Pete.
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PostPosted: 00:30 - 22 Dec 2011    Post subject: Reply with quote

I was told years ago by a traffic warden that they would only consider a car a delivery vehicle if the rear seats were folded down.
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swanny
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PostPosted: 00:56 - 22 Dec 2011    Post subject: Reply with quote

in Bolton, your back doors have to be open to be classed as loading..


stupid rule !
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Shaft
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PostPosted: 01:39 - 22 Dec 2011    Post subject: Reply with quote

Surely vehicle type is irrelevant, if you can prove you're loading/unloading, that's all that's required?

Whether or not you've taken a reasonable time to load/unload is a different matter but, as far as I'm concerned, it doesn't matter if I'm delivering on my bike, my company van (unwritten) or my Merc SL, I'm still delivering.
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Rogerborg
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PostPosted: 08:27 - 22 Dec 2011    Post subject: Reply with quote

I don't believe that there's any legislation that refers to a "delivery vehicle". What you're looking for is "goods vehicle". See RTA 1998 Section 192 (1): “goods” includes goods or burden of any description, “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted. The same definition is in RTRA 1984 138 (3)

However, what matters is the actual wording in the Traffic Regulation Order (if any) which applies to that piece of land.

That may be covered in RTRA 1984 Section 61 Loading areas, which only allows for "goods vehicles" to unload, but note that a "loading area" can only cover land which is "not part of a highway".

However, a TRO can in general "[prohibit] or [restrict] the waiting of vehicles or the loading and unloading of vehicles", even if not in a designated "loading area".

In Greater London, there's explicitly more scope for imposing regulations including...

RTRA 1984 Schedule 1 wrote:

Matters as to which Orders can be made [in Greater London]:

7 For prescribing the conditions subject to which, and the times at which, articles may be loaded on to or unloaded from vehicles, or vehicles of any class, on streets.

8 For prescribing the conditions subject to which, and the times at which, vehicles, or vehicles of any class, delivering or collecting goods or merchandise, or delivering goods or merchandise of any particular class, may stand in streets, or in streets of any class or description, or in specified streets.


But again, it all comes down to what's actually in the TRO, and the signs or markings on the street are not always accurate.

tl;dr version - your bike is not a goods vehicle unless you want to add a trailer or argue that your panniers and/or top box are "adaptations for the carriage of goods".
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Last edited by Rogerborg on 09:50 - 22 Dec 2011; edited 1 time in total
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Marmalade
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PostPosted: 08:57 - 22 Dec 2011    Post subject: Reply with quote

Rogerborg wrote:
I don't believe that there's any legislation that refers to a "delivery vehicle". What you're looking for is "goods vehicle". See RTA 1998 Section 192 (1): “goods” includes goods or burden of any description, “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted. The same definition is in RTRA 1984 138 (3)

However, what matters is the actual wording in the Traffic Regulation Order (if any) which applies to that piece of land.

That may be covered in RTRA 1984 Section 61 Loading areas, which only allows for "goods vehicles" to unload, but note that a "loading area" can only cover land which is "not part of a highway".

However, a TRO can in general "[prohibit] or [restrict] the waiting of vehicles or the loading and unloading of vehicles", even if not in a designated "loading area".


I do check the signs etc, the issue I have is stopping to deliver something and being told I can't as i'm not in a delivery vehicle when if I was in a van i would be fine. Just seems like some snotty tawts abusing their tiny slice of power and i would like some tiny piece of legislation i could maybe print out to wipe that smug grin off their faces when telling me I can't unload.

There are a couple of areas of highway in Salisbury that are boxed and have 'loading only' painted, so, this is illegal?

https://maps.google.co.uk/maps?hl=en&ll=51.068192,-1.793868&spn=0.000915,0.002642&t=h&z=19&vpsrc=6&layer=c&cbll=51.068192,-1.793868&panoid=Uzf1hI0_Ooj2Dg6PBGR_hQ&cbp=12,336.54,,0,0



Rogerborg wrote:
tl;dr version - your bike is not a goods vehicle unless you want to add a trailer or argue that your panniers and/or top box are "adaptations for the carriage of goods".


I understand it can't really be classed as a goods vehicle although that is pretty much what it's primary purpose is, is signwritten and if i see a blue stripe i'll usually speak to them.
In london they are mostly ok and say I've got 15 mins.

the trouble is usually in the areas where motorbike couriers are not seen often and all bikers are rough kitten killers
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Rogerborg
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PostPosted: 10:01 - 22 Dec 2011    Post subject: Reply with quote

Well, the onus is on them to show that there's a TRO in place.

But sorry, I don't think there's anything that unambiguously clears it up in your favour. It'll be in the case "law", which sadly means the kangaroo klowns at PATAS or TPT.

You could try winning some cases there, or pre-emptively ask them for a decision about your bike.
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Walloper
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PostPosted: 10:49 - 22 Dec 2011    Post subject: Reply with quote

"Please move along Sir, ye canny park there."
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Fisty
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PostPosted: 21:29 - 22 Dec 2011    Post subject: Reply with quote

swanny wrote:
in Bolton, your back doors have to be open to be classed as loading..


stupid rule !


It makes it easier for the traffic wardens to shaft you if your back door is open.
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Kwaks
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PostPosted: 21:50 - 22 Dec 2011    Post subject: Reply with quote

This was discussed on pepipo, have a read through\:

https://forums.pepipoo.com/lofiversion/index.php/t62058.html
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sickpup
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PostPosted: 22:06 - 22 Dec 2011    Post subject: Reply with quote

Bottom line is fit a top box, use it to carry goods, claim it is a adapted and the parking appeals will back you up.
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Ichy
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PostPosted: 22:20 - 22 Dec 2011    Post subject: Reply with quote

It's a very long time since I worked as a courier but having a top box with a company sticker on it seemed to be enough for the traffic enforcement officers of Birmingham.
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Thelostone
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PostPosted: 22:26 - 22 Dec 2011    Post subject: Reply with quote

Admittedly I may be a little out of date here but during my time as a London despatch rider (mid '80's to late '90s) I never paid a single parking ticket. We would let them write out the ticket and they would always tick the illegal parking box and not the illegal loading/unloading box, then appeal against the ticket on the grounds of being a commercial vehicle loading or unloading (didn't matter if there was loading/unloading restrictions as the ticket was for parking). This always worked.

N.B. The bike had document panniers (designed for work not touring), different main jets (larger?) to allowing cooler running in heavy traffic, crash bars 'round the clocks. Thus "...adapted for use for the carriage of goods...".
In addition the Royal Parks Police would stop us if we tried to use the roads in Hyde park or the inner circle of Regents park on the basis that we were commercial vehicles, and of course the insurance companies also thought the same way. Lastly the tax man allowed us to claim our bikes as tax deductible. Given all that how could the parking enforcement lot argue differently?
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sickpup
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PostPosted: 23:01 - 22 Dec 2011    Post subject: Reply with quote

Marki wrote:
It's a very long time since I worked as a courier but having a top box with a company sticker on it seemed to be enough for the traffic enforcement officers of Birmingham.


This is an interesting point. It is generally considered by councils parking officers that a vehicle with livery is to be considered a business vehicle whereas a vehicle without isn't. A business vehicle is commonly given 20 minutes on a single and 10 minutes on a double yellow.

I seem to remember one of the traffic acts possibly the 1988 states that parking restrictions shouldn't interfere with business.
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Rogerborg
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PostPosted: 23:55 - 22 Dec 2011    Post subject: Reply with quote

Kwaks wrote:
This was discussed on pepipo, have a read through\:

https://forums.pepipoo.com/lofiversion/index.php/t62058.html


Says essentially what we've already said here.
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Marmalade
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PostPosted: 11:43 - 23 Dec 2011    Post subject: Reply with quote

3 out of 4 of my bikes are sign written and have 'courier' across the front and on the number plates (so it shows in the traffic wardens photo of proof of offence)

I don't get a lot of trouble but even the odd one is a balls ache and if i do a delivery using the car it's usually a PITA with the wardens
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