Imported motorhomes - Divergent registration and MOT requirements

[Derek Uzzell]

There have been recent postings about headlights, speedometers, etc. on imported LHD motorhomes. These postings highlight that, if importers (professionals or DIY-ers) of such vehicles complied with Department for Transport (DfT) regulations when a motorhome is initially UK-registered, potential future problems with MOT testing, the police and insurance companies could be avoided.

 

Before I imported my LHD motorhome from Germany in 2005, I wanted to check exactly what the position was regarding UK registration and headlamp dipped-beam pattern requirements. (Basically, I wanted to see if there was any way I could legally avoid the expense and hassle of replacing the original headlight units!) I wrote to the Vehicle Standards and Engineering section of the DfT and sought guidance on a number of technical issues. My letter also included the following observations:

 

"Seemingly, there is a divergence between the headlamp requirements for newly imported vehicles and lighting rules relating to our MOT test. UK importation regulations prohibit use of masks or beam converters to produce a left-hand traffic dipped beam pattern, whereas the MOT test permits them (or so all the MOT testing stations I have consulted have advised me). This definitely leads to confusion within the motorcaravan fraternity, including motorhome dealerships. At a recent trade show, the majority of second-hand left-hand drive motorcaravans being offered for sale had adhesive beam converters on their original 'right-hand traffic' headlamps. All the vendors claimed this arrangement was legal "because it would pass the MOT test".

 

UK buyers of LHD motorhomes imported from Continental Europe usually purchase these vehicles because most of their driving is done outside Britain. Hence the original right-hand traffic headlamps (and a km/h-priority speedometer) are advantageous for such people for most of the time the vehicle is being used. Given a choice, I am sure these motorcaravanners would prefer to retain the original headlamps and mask (or convert) the dipped-beam pattern for the relatively short periods that the motorhome is driven in the UK. Even if masks/converters were not employed, all LHD motorhomes imported from Continental Europe have a headlamp-levelling dashboard control, so their right-hand traffic headlights can easily be adjusted well downwards to prevent dazzle."

 

I received a comprehensive reply from a Transport Technology and Standards senior engineer who began by saying that the law is not perfect and does not really cater for a scenario where one registers a vehicle in the UK but uses it mainly overseas. In response to my MOT-related comments he said:

 

"The MOT is a basic roadworthiness test and does not cover all items required for a vehicle to be legal - if it did the cost would be prohibitive. Passing a MOT is unfortunately not definitive proof that the vehicle is fully legal. A vehicle will often get through an MOT with beam deflectors, which is not correct."

 

The three things on a European-built LHD imported motorhome most likely to need attention to conform to UK registration requirements are

 

1. Location of the rear fog light.

 

Registration requirement - For April 1980-onwards motorhomes, at least one rear fog light must be fitted on the centre-line or on the UK-offside of the vehicle.

 

MOT requirement - The position of the rear fog light will be confirmed during a motorhome's MOT test and a light in the wrong place will result in a test failure.

 

2. Speedometer.

 

Registration requirement - A UK-registered motorhome must legally have a speedometer that includes a mph display.

 

(The guidance given in the DfT's P15 booklet is that markings may be added to an existing km/h-only speedometer to provide a mph scale. Such markings must be accurate, durable and able to be seen clearly in daylight and when the instrument is lit during darkness.)

 

MOT requirement - A motorhome with a km/h-only speedometer should not fail the MOT test, as the type and operation of dashboard instrumentation falls outside the scope of the test. However, this doesn't override the legal obligation for the vehicle to have a working speedometer with the appropriate scales.

 

3. Headlights.

 

Registration requirement - A UK-registered motorhome must legally have headlights that produce a dipped beam pattern suitable for this country's 'left-hand traffic' and this pattern must be obtained without the addition to the headlights of masks or beam converters. (The DfT engineer covered this in some detail - essentially the vehicle's headlights will need to be type-approved to European regulations and produce an asymmetric, left-dipping pattern.)

 

MOT requirement - Despite the unambiguous DfT stipulation, the addition of beam-benders or masks to a LHD motorhome's 'incorrect' right-dipping headlights can allow the MOT test to be successfully negotiated. Presumably the reason for this apparent anomaly lies in the MOT test's long history, but it's worth emphasising that the masks/beam-benders ploy doesn't legalise the motorhome nor does it make its headlights 'correct'. Headlights illegal before the MOT test will continue to be illegal afterwards.

[Brambles]

Derek Uzzell - 2007-04-20 9:08 AM

 

 

 

3. Headlights.

 

Registration requirement - A UK-registered motorhome must legally have headlights that produce a dipped beam pattern suitable for this country's 'left-hand traffic' and this pattern must be obtained without the addition to the headlights of masks or beam converters. (The DfT engineer covered this in some detail - essentially the vehicle's headlights will need to be type-approved to European regulations and produce an asymmetric, left-dipping pattern.)

 

MOT requirement - Despite the unambiguous DfT stipulation, the addition of beam-benders or masks to a LHD motorhome's 'incorrect' right-dipping headlights can allow the MOT test to be successfully negotiated. Presumably the reason for this apparent anomaly lies in the MOT test's long history, but it's worth emphasising that the masks/beam-benders ploy doesn't legalise the motorhome nor does it make its headlights 'correct'. Headlights illegal before the MOT test will continue to be illegal afterwards.

 

I am not so sure about Motor caravans requiring permanent modifications to head lights. Motorcaravans, Hearses and ambulances are exempt from this paticular regulation. I wil try and find the documents later, but they are on the VOSA or Depapartment of Transport websites. In the documents (published last sept I think it was) it clearly states masks could be used for Motor-caravans. When you think about it I surely must be right, otherwise how come are there so many motorhomes registered in the UK with Right dipping lights. No way would they all be able too get approval and 1st registration if it was not the case.

The Problem is people are all referring to basic vehicle import information and not the exeptions which apply, and are much harder to find documents on. Also regs have changed over the years, and for all I know may have changed again since Sept last year.

 

So I shall stop havering and go search out the documents again. Brain on one of the other threads asked me to provide further info but have not had time yet.

Jon.

[Guest JudgeMental]

The problem is with the DVLA that it is a postcode lotary.

 

I had moved the foglamp. was asked to change speedo to mph before registration was given.

 

nothing was said regards headlights or foglamp, and I know from looking on other forums that lots of people register vehicles without any changes.

 

So am I fully UK road legal as I have complied with my DVLA local office?

 

 

[Brian Kirby]

JudgeMental - 2007-04-20 12:54 PM The problem is with the DVLA that it is a postcode lotary. I had moved the foglamp. was asked to change speedo to mph before registration was given. nothing was said regards headlights or foglamp, and I know from looking on other forums that lots of people register vehicles without any changes. So am I fully UK road legal as I have complied with my DVLA local office?

Er, well me Lud, unless Brambles comes up with the goods, no! 

As your Lordship will appreciate, the fact that an inspection failed to detect, and therefore to comment upon, a vehicle defect, cannot absolve the vehicle owner from his obligations under Statute Law, namely the UK Construction and Use regulations, in which the vehicle lighting requirements are set out.  That is to say, a vehicle that has been falsely declared by the person registering it to be compliant with the relevant provisions of the said regulations will have been illegally registered, and will remain so until the cause of the non compliance has been fully and satisfactorily remedied.

One would surmise that your Lordship would be familiar the concept that ignorance of the law offers no defence.  Accordingly, you are disbarred from the Bench until such time as the offence has been properly rectified, with a fine of fifteen gobstoppers.

Take him down!

[Brambles]

I am trying to find Brian, but been very busy today earning a crust, will look this evening. As I say, I am absolutely certain on new imported Motorhomes masks are acceptable, but not on 'normal' vehicles.

J.

[Guest JudgeMental]

Brian Kirby - 2007-04-20 4:03 PM

 

As your Lordship will appreciate...

 

 

Brian please, no need for such formality! call me Mental - many do!

 

"your mental you are!" is the cry I often hear when a poor unfortunate is dragged away to begin a totally unexpected and indeterminate sentence.....

 

for which he should be eternally grateful! as many come within a hairs breath of a good old fashioned neck stretch!

[Derek Uzzell]

Brambles:

 

I get really exasperated when I say something that I believe to be correct and then get told "I think that's wrong: I can't prove it at the moment but I'll look into it later". Wouldn't it be more productive (and polite) to look into it first, then tell me I'm wrong? All you've done so far (besides irritate me!) is introduce another element of doubt into what was already a doubtful subject.

 

Anyway, have a look at the relevant sections on

 

http://www.dft.gov.uk/pgr/roads/vehicles/vssafety/importsapproval/

 

Although motorhomes continue to be exempt from Type Approval requirements, this certainly doesn't mean (as JudgeMental discovered) that they are consequently exempt from UK-registration rules regarding speedometers, lights, etc.

 

Until recently, UK-registration of a LHD imported motorhome has not included a physical inspection of the vehicle itself. So the responsibilty for changing headlights, speedometers, etc. to meet UK-registration regulations has rested solely with the importers and many have chosen not to bother.

 

As the MOT test doesn't cover speedometers and allows masks/beam-converters to be used to obtain a beam pattern acceptable to MOT standards, 'unmodified' (ie. 'illegal') motorhomes can continue to be used and traded even though they have km/h-only speedos and right-dipping headlights. As you rightly observe (and as I pointed out in my original posting) there are lots of them about.

 

(This is the current situation as I understand it to be. But if you are correct and the 'masks' rule has indeed changed recently for motorhomes then I'd be very grateful if you could point to where this information is held.)

[Brambles]

Derek, point made, point accepted.

J.

 

P.S I did not mean to imply Motorhomes where excempt from type approval but excempt from specifc requirements. In the document I read dated either oct of Dec last year and I believe labelled VCA 050 it said Motor Caravans and Hearses could use temporary modifications such as masks, or words to that effect.

 

[Brambles]

http://www.dft.gov.uk/pgr/roads/vehicles/vssafety/importsapproval/howtoimportyourvehicleperman4559?page=2#1008

 

See para 2.5 in above link.

 

 

[colin]

So as I understand it from Dereks post, whilst you don't have to go for SVA on an import your motorcaravan must still comply with C&U regs even if these may not be picked up on MOT, so in effect you should do your own SVA. The last link to C&U on lights I have (10 years old) states that headlight should have E mark plus -> or <-> (or BS AU40), therefore a LHD import with lights having E <- will be illegal as beambender does not change approval mark, does that sound right derek?

[Brian Kirby]

Thanks Jon, and well done for finding the link, which I had not been able to find!

However, having read 2.5 and 2.6 in some detail I do not think it is saying what you have understood.  The exemption is to the single and whole vehicle type approval requirements, not to the requirement for lighting and speedometer modifications, which remain as set out in para 2.6.  Most (I think all) new motorhomes imported from Europe will come with an EC Certificate of Conformity (CoC).  It is that which gives the exemption to Type Approval requirements so that, provided the vehicle is then modified to meet our own national requirements (e.g. Construction and Use Regs), it can be registered in UK without further suitability testing. 

Although it appears possible to ignore the direct route of submitting the CoC with the necessary evidence of modifications, and submit an un-modified vehicle for SVA testing, there is no logical reason why it would then be passed with a kph speedo and unmodified lights.  Reason?  These items can be readily replaced/modified to secure full conformity, so why should we allow non-conforming vehicles onto our roads, where they would constitute a greater that normal hazard for other road users?

My reading is that notwithstanding the specific exemption from full type approval requirements that applies to motorhomes, the speedometer and lighting must still be modified to UK Construction and Use requirements.

[Brian Kirby]

colin - 2007-04-21 12:28 PM So as I understand it from Dereks post, whilst you don't have to go for SVA on an import your motorcaravan must still comply with C&U regs even if these may not be picked up on MOT, so in effect you should do your own SVA. The last link to C&U on lights I have (10 years old) states that headlight should have E mark plus -> or <-> (or BS AU40), therefore a LHD import with lights having E <- will be illegal as beambender does not change approval mark, does that sound right derek?

Colin

I'm sure you are right; however, I think the situation has been confused by conflating two things.

First, is the legal requirement for registration of the vehicle, for which, very clearly stated, a left hand drive vehicle may be registered in UK provided the lighting and speedometer meet C&U requirements.

Second, is what may be accepted in terms of vehicle roadworthiness when it is submitted for its MoT test.  If the headlights are correctly aligned for left hand traffic, whether by use of masks or "benders", they will pass the test.  However, this "pass" does not make the vehicle legal, it merely records its roadworthiness - at the time it was tested. 

The technically illegal and non-compliant vehicle can still be perfectly roadworthy.  But, notwithstanding its roadworthiness, it remains illegal for use on UK roads.  That is what I think people have been missing.

[Brambles]

Hi Brian, my last link is not the original documents I found. Section 2.5 applies to Motorhomes. 2.6 is only referred to as problems that might arise.

 

 

I am still working on this search for info, reluctant to post after Derek's comments (quite rightly made) until I have full clear and concise info. So far I have to agree I appear to be wrong, but I know what I read and was very clear, just cannot find again and can only assume infor was wrong and has been changed, confusing and removed, or replaced as rules have changed.

 

I am going to contact my colleages at the VCA next week.

 

Jon.

 

[Mel E]

Sorry to butt in here, but Derek is completely correct and, I fear, Jon/Brambles is in error - I can't see how to put it more gently than that.

 

As the author and regular updater - for almost 10 years now - of the MMM Fact Sheet on importing motorhomes from other EU countries, I have checked the facts on topics like this and gone back to the original legislation and the updates. And sorry, Brian, but it is not the Road Vehicle Construction and Use Regulations 1986 that apply here, but the Road Vehicle Lighting Regulations 1989, as heavily amended over the years. If anyone feels like it, both the original 1989 Regulations and every amendment since are available online. (Unfortunately the 1986 C&U Regs are not yet posted online.)

 

When it comes right down to it, ONLY the original legislation really matters; abstracts or advice on web sites such as that quoted by Jon in his recent post do, unfortunately, get it wrong on occasion (though this one seems to be completely correct). As an example, I've just been in touch with a Police Force whose web site gives a table of speed limits to help drivers stay within the law, but one limit quoted for motorhomes is 10mph too fast!

 

Yes, lots of people do fail to change the headlamps on their LHD motorhomes. I have come across more than one major importer who also failed to do so. And you will probably get away with it unless you are involved in a serious accident and your vehicle is impounded for checks. Of course, if that happens, as well as a police charge, you may possibly be looking at a failure to pay up fully by your insurers, especially if the accident occurred after dark.

 

Drive carefully,

 

Mel E

====

 

 

[colin]

Mel thats as I see it. By the way when I said link to C&U regs I should have said, copy of SVA inspection manual ,Lighting/Signalling(obligatory) 9.1, annex 1 requirements for obligatory lamps, dated dec 96.

[Brian Kirby]

Thanks for the correction, Mel, and I hope everyone is now clear about the legal requirements, and where they come from.

[icdsun]

I was given the same info with regard to need for the Speedo, lights etc to comply with UK regs/laws on a new vehicle registration,irrespective of who declares the vehicle on the paperwork, also I was told by a couple of insurance companies that in the event of a claim of any amount it would be refused or substantially reduced if it was found that a vehicle that did not comply with C+U regs as the vehicle is illegal to use on UK roads.

 

It may well be a postcode lottery with VOSA depots, but rest assured that Insurance companies share information of this nature, once the first company to reject a claim on the above grounds, it will be applied to all claims regarding Motorhomes that are not compliant irrespective of fault or who declared the vehicle as compliant when it had not had the speedo/lights adjusted or changed to comply with UK Laws.

 

I am not sure of the status with a used import as we were investigating a new purchase, other more learned than I will no doubt have all the answers on the used import issue.

[Brian Kirby]

icdsun - 2007-04-23 10:28 AM I was given the same info with regard to need for the Speedo, lights etc to comply with UK regs/laws on a new vehicle registration,irrespective of who declares the vehicle on the paperwork, also I was told by a couple of insurance companies that in the event of a claim of any amount it would be refused or substantially reduced if it was found that a vehicle that did not comply with C+U regs as the vehicle is illegal to use on UK roads. It may well be a postcode lottery with VOSA depots, but rest assured that Insurance companies share information of this nature, once the first company to reject a claim on the above grounds, it will be applied to all claims regarding Motorhomes that are not compliant irrespective of fault or who declared the vehicle as compliant when it had not had the speedo/lights adjusted or changed to comply with UK Laws. I am not sure of the status with a used import as we were investigating a new purchase, other more learned than I will no doubt have all the answers on the used import issue.

It is not newness that governs here, it is registration.  The C&U, and Lighting, regulations, dictate the standards that must be met for UK registration.  The legality of the vehicle is to be judged against those standards.  Visiting vehicles, i.e. registered outside UK, are deemed compliant for the countries in which they are registered, and are therefore allowed temporary entry to UK.  However, once the vehicle is registered in UK, irrespective of whether it is new or used (but with exceptions as set out in the regs for vintage/veteran vehicles) it is expected to meet UK regs.

[Guest JudgeMental]

there was a letter in honest john's motoring section of saturdays telegraph.

from someone who has just bought a new Yamaha motorbike in the UK from UK main dealer.

 

although speedo in mph and kph, he is unable to see the kph side at night. he complained to Yamaha UK and there response was that " due to recent changes in legislation they no longer are required to convert speedo" or words to this effect....

[Mel E]

I read the 'Honest John' item with interest. Just to make it clear, the Yamaha was fitted with a kph speedo marked also in mph, but the mph figures were not readable after dark.

 

I'd love to know what legislative changes Yamaha think apply here because I cannot find any!

 

However, as HJ says, it's not exactly rocket science to convert from kph to mph. And all continental registered vehicles have kph only - in a recent count to keep our granddaughter amused on the trip home from Dover in mid-afternoon, we counted the first 200 artic lorries coming the other way on the M20 and less than 15% were UK registered!

 

Mel E

====

[Burstner620]

Derek Uzzell - 2007-04-21 8:40 AM

 

Brambles:

 

I get really exasperated when I say something that I believe to be correct and then get told "I think that's wrong: I can't prove it at the moment but I'll look into it later".

 

I don't believe that you are wrong. The mention of motorhomes, ambulances and

hearses leads me to suspect that Brambles is referring to 'out of date' legislation.

These three categories used to be regarded in similar light but the regulations were changed many (about 15?) years ago. After that, hearses became subject to Mot Test, seat belt legislation etc. As a matter of interest, I cannot ever recall seeing a LHD (European) hearse imported into the UK for the simple reason that they aren't any cheaper 'over there' than they are here and 'interior specification' is different from country to country. Trust me, I'm an expert on this matter, I used to run the biggest funeral fleet in the UK before I retired.

 

Although motorhomes continue to be exempt from Type Approval requirements, this certainly doesn't mean (as JudgeMental discovered) that they are consequently exempt from UK-registration rules regarding speedometers, lights, etc.

 

Bear in mind that the majority of imported (LHD) motorhomes will have to comply with the equivalent to our Construction and Use Regulations (CUR) in their country of origin (in Germany it's TuV). Generally speaking, the only major differences then left are lighting and speedometers.

 

Until recently, UK-registration of a LHD imported motorhome has not included a physical inspection of the vehicle itself. So the responsibilty for changing headlights, speedometers, etc. to meet UK-registration regulations has rested solely with the importers and many have chosen not to bother.

 

Watch this space !

If importers continue to flaunt the regulations, we'll end up needing SVA (Single Vehicle Approval) for every imported vehicle prior to UK registration.