Hello Andy,
Have you looked at the underlying legislative document? Please do becasue you will see the 2013 change cannot be retrospectively applied, and it calls into question the comment by Darren Trollope in his letter. I have just written to the CEO of the DVLA the following letter
Mr O. Morley.
Chief Executive's office
DVLA Swansea
SA6 7JL.
29th July 2017
RE Category B driving licence entitlements
Dear Mr Morley,
I am a regular contributor to a forum about caravanning. We are receiving an increasing number questions that involve Cat B entitlements.
You will of course be aware that over time, the Cat B entitlement awarded with a basic driving licence have changed, and in particular the changes that came into force on Jan 1st 1997, had major implications for caravanner’s as new licences were not given Cat BE, but only Cat B.
The pertinent elements of the 1997 Cat B for caravanner’s limited drives to an outfit;
1. Of combined MAM not exceeding 3500kg,
2. And the trailers MAM should not exceed the tow vehicles ULW.
A further change in Jan 2013, removed the second part of 1997 restriction.
There is general confusion regarding the implication of the 2013 change, some parties believe it was a piece of retrospective legislation, but I can find no evidence of that, in fact the European Directive on Driving Licences (2006/126/C) has two very clear statements:
"(5) This Directive should not prejudice existing entitlements to drive granted or acquired before its date of application."
and
"Article 13
Equivalences between non-Community model licences
1. With the agreement of the Commission, Member States shall establish equivalences between entitlements obtained before the implementation of this Directive and the categories defined in Article 4.
After consulting the Commission, Member States may make to their national legislation such adjustments as are necessary for the purpose of implementing the provisions of Article 11(4), (5) and (6).
2. Any entitlement to drive granted before 19 January 2013 shall not be removed or in any way qualified by the provisions of this Directive."
These seem to be very specific about the 2013 provision not changing previous legislation retrospectively.
I bring this to your attention for two reasons.
Firstly in 2013 one of your department’s officers; Darren Trollope – Corporate Affairs Directorate sent a letter dated 8th July 2013 to an MP, in response to a constituents question. See;
http://www.caravantalk.co.uk/community/topic/87699-definitive-letter-from-d-v-l-a-re-b-licence-towing/
which directly contradicts the European Directive on Driving Licences (2006/126/C) I have identified above.
Secondly, the general public's the usual point of reference for licence entitlements is the Governments own web pages. These have several significant omissions about the way licences can restrict caravanner’s for example the 1997 limit on the trailer MAM not exceeding the tow vehicles ULW. And the use of the reference to “Weight”, rather than MAM.
We need to have clarity on this issue, particularly as caravanner’s are more likely to be operating close to the limits of licence and the mechanical abilities of the tow vehicle.
Please can you provide definitive and legally safe guidance on the Cat B entitlements and relevant dates, and can the Government web sites content be properly reviewed for accuracy on these matters.