Circular RSA VI 07/09 see here opened up a debate regarding roadworthiness testing of ‘motor caravans’ not least because it contained some factually incorrect statements.

What follows is a detailed review of relevant legislation, both domestic and European.

The decision to present a ‘motor caravan’ to a Vehicle Test Network (DoE) testing station for a roadworthiness test is entirely up to the individual.

When one looks at Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers see here and Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Recast) see here and our own domestic legislation in relation to the foregoing, we have in place two distinct pieces (of legislation) in relation to the matter.

S.I. No. 771/2004 — European Communities (Vehicle Testing) Regulations, 2004 see here
This S.I. concerns itself with regulating testing which applies to :-
(a) vehicles used for the carriage of passengers with more than 8 seats, excluding the driver's seat. - EU Vehicle Category M2 and M3
(b) goods vehicles,- EU Vehicle Category N
(c) goods trailers,- EU Vehicle Category O
(d) ambulances. - EU  Category M "Special purpose vehicle" (a motor vehicle intended for the transport of sick or injured people and having special equipment for such purpose).

S.I. No. 395/1999 — Road Traffic (National Car Test) Regulations, 1999 see here.
Unfortunately this S.I. does not define the vehicle category subject to its regulations within the definitions which can be found in Directive 2001/116/EC see here and others, but uses such definitions as “vehicle” means a mechanically propelled vehicle and the colloquial term ‘car’.
However some clarity as to precisely the type of vehicle S.I. No. 395/1999 concerns itself with can be found in S.I. No. 588/2008 — Road Traffic (National Car Test) (Amendment) Regulations 2008 see here which contains the following passage Regulation 2(1) of the Principal Regulations is amended by substituting for the definition of “vehicle” the following:
“‘vehicle’ means a mechanically propelled vehicle having at least 4 wheels, which is constructed primarily for the carriage of passengers and which has a maximum of 8 seats excluding the driver’s seat.” (otherwise known as EU Vehicle Category M1)

A ‘motor caravan’ is define as a vehicle of unique type as follows within
Commission Directive 2001/116/EC of 20 December
Category M: Motor vehicles with at least four wheels designed and constructed for the carriage of passengers.
"Motor caravan" means a special purpose M category vehicle constructed to include living accommodation which contains at least the following equipment:- seats and table,- sleeping accommodation which may be converted from the seats,- cooking facilities, and- storage facilities. This equipment shall be rigidly fixed to the living compartment; however, the table may be designed to be easily removable.

With reference to the foregoing legislation and directives it is clear that the roadworthiness testing of ‘motor caravans’ is not defined within S.I. No. 771/2004.

However, when reference is made to DIRECTIVE 2009/40/EC on roadworthiness tests for motor vehicles and their trailers and in particular to Annex I which lists the different types of vehicles into six distinct categories (1 to 6) it is clear that ‘motor caravans’, by definition, do not fall into categories 1 to 5, therefore can only be tested as per ‘vehicle category’ 6, as is the situation elsewhere within the EU.

In annex II ‘ITEMS TO BE COMPULSORILY TESTED’
There is a divergence in the testing criteria for categories 4,5&6 from categories 1,2,&3

Regarding ‘motor caravans’, it is clear from Directive 2009/40/EC that such vehicles are subject to the same testing regime as ‘cars’ (Motor vehicles having at least four wheels, used for the carriage of passengers and with not more than eight seats excluding the driver’s seat ) and should qualify for roadworthiness testing within S.I. No. 395/1999 because they fall within the definition of ‘vehicle’ mentioned in S.I. No. 588/2008 — Road Traffic (National Car Test) (Amendment) Regulations 2008 and do not fall within vehicles defined in S.I. No. 771/2004

The current (Dec. 2009) situation is that the RSA are in the process of drafting a consultation document on the issue of ‘motor caravan’ roadworthiness testing. The document is expected to be circulated to all interested parties and stakeholders before the end of December ’09 and following the receipt of feedback appropriate steps will be taken to facilitate roadworthiness testing as required by European directive.

In order that the RSA receive relevant and quality feedback it is important that any private person or organisation with an interest in resolving the issue to the satisfaction of motor caravans owners should engage with the RSA without delay and seek to included on the list of ‘stakeholders’.

Apart from the detail differences of the ‘testing manual’ between the NCT test and the VTN (DoE) test, two significant differences are:-

a) The VTN regulations require an annual test from year one, whereas the NCT regulations require a bi-annual test from year four.

b) A test at a VTN centre is also over twice the cost of an NCT test.

Feedback from An Garda Síochána Traffic Bureau is that legislation, as currently drafted, on roadworthiness testing does not appear to apply to ‘motor caravans’ and a successful prosecution would be most unlikely for not having a valid certificate of roadworthiness, however vehicles of any type found to be ‘un-roadworthy’ can be dealt with under other existing legislation and the driving of such a vehicle could also render the driver liable to prosecution for dangerous driving.

Colin McCarthy

Munster Centre
December 2009