Page 1 of 1

Roll over protection

Posted: Sat Dec 18, 2010 12:06 pm
by supermajor61
I bought a Super Major 1961 at auction. It did not have any documents, but it had the old number plates. Sent off a v62 to the DVLA and after many weeks a new red V5C arrived for the existing number. It showed taxation class as Tax Exempt, this is now obsolete. Went down to the DVLA local office to road tax the tractor. They ripped the front off, wrote "AGRICULTURAL MACHINE" on it and put it in the pile to send to Swansea. They gave me a Tax Disk for a year as "Agricultural Machine"

Now to the question, as an Agricultural Machine should the tractor have a Roll Over Bar?

Does the need for a roll over bar go with the taxation class? The age of the tractor? That it is the owner driving?

Anybody know anything about the health and safety regs?

If i put a topper on the back, think i'll get away with red diesel?

Tractor is going well, will send photo when i have mastered the technology.

Re: Roll over protection

Posted: Sat Dec 18, 2010 3:35 pm
by Bensdexta
supermajor61 wrote:Does the need for a roll over bar go with the taxation class? The age of the tractor? That it is the owner driving?

If i put a topper on the back, think i'll get away with red diesel?
I think the need for a roll bar depends upon whether or not you use the tractor commercially for business and don't think owner-only driving is a get out.

So if you run an equestrian yard, and use your tractor for topping etc, you should have roll over protection (ROS). If you just use it for vintage rallies/ shows, you don't need ROPS. Mowing on a small holding would be a grey area; probably OK unless you have an accident in which case HSE will be on you.

But if you run an equestrian yard, you would not be allowed to use red diesel, as that is not an 'agriculture horitcutural or forestry' business.

I don't think taxation class has anything to do with it; an historic vehicle can be used for business purposes, but would need to be insured as such.

Await Brian's definite answer. :)

On a related subject I read in 'Vapourising' magazine (NVTEC) that farmers and growers can now use red diesel for ploughing matches (and other agricultural, horiticultural or forestry events) including travelling to/from up to 15miles, but NOT tractor rallies, road runs etc. BUT you must be able to prove to HMRC's satisfaction that you and your tractor are actively involved in commercial agriculture, horiculture or forestry. Again I guess that means insuring your tractor for business use.

Re: Roll over protection

Posted: Sat Dec 18, 2010 5:42 pm
by Brian
The Regulations are clear and I have recently been looking into this point but have not yet written up the fine details.

1 .. Any tractor used in agriculture must have Roll Over Protection (ROP).
2 .. Any tractor used in agriculture must comply with the Noise Regulations. This could be ear defenders if the tractor is not used for long periods.
3 .. Owners of tractors must comply. If you are the owner and do not comply with HSE Regulations, you may be fined as an owner for allowing the tractor/implement to be used when it does not comply with the Regulations and as an employee for using it when it did not comply. This would mean that any fines/sentence could be doubled. You cannot operate a tractor in agriculture without ROP or Noise protection by claiming you are the owner.

These same rules apply in you are carrying out work in an equestrian centre.

4 .. ROPs may be removed for work in low buildings, eg. using a loader to clear out cattle sheds etc. but if you then use the same tractor to tow a trailer to the field to unload, the ROP must be in place.
5 .. The Regulations are called Health and Safety at Work so if you are using your tractor for play, show, ploughing matches etc. you are not required to comply with the regulations, however, if you should be injured and it could be shown that you had not taken precautions, your insurances may be invalidated. There are massive grey areas here as no definite guidance exists. It is not clear whether (say) wood carting, on your farm with a vintage tractor would be classed as work or play. If the tractor was running on red diesel, it might be classed as work and the Regulations then would apply.

As far as using red diesel is concerned, I think Ben has covered them pretty well. I think though, that, if you are not involved in agriculture/horticulture, then white diesel should be in your tank at all times. Equestrian operations are not classed as agricultural as far as I am aware.

I believe that if the tractor is registered as a Vintage Vehicle it should be run on white diesel, I am not sure, but again it would have to be taken through the courts for a definite answer.

Seems that :
1 .. Red Diesel .. use in any form of agriculture/horticulture/work .. HSE Regs apply.
2 .. White Diesel .. Vintage Tractor .. Home use .. HSE Regs may not apply but watch your private insurances.

Also note: Any HSE offense taken to court and proven, results in a criminal record.

These are only my opinions based on my training and experience, and are not a definition of the Regs under Law.

Re: Roll over protection

Posted: Sat Dec 18, 2010 6:15 pm
by supermajor61
Thanks for the replies. I'll just be using the tractor to top some friends paddocks and carting logs from a wood to home in a transport box. Going to shows of course, and road runs. Seems i'd better stick to white diesel.

Perhaps the tractor should be taxed as historic, it would fit better with my NFU historic tractor insurance.

Slightly off topic, the new red V5C has removed the ability to self certify that a vehicle that has been recently taxed or sorned; and has now been scrapped. It has to go to a breakers and be issued with a certificate of destruction.

Re: Roll over protection

Posted: Sat Dec 18, 2010 6:58 pm
by neilarmo
I think NFU historic tractor insurance does not cover tractors for working.

N

Re: Roll over protection

Posted: Sun Dec 19, 2010 9:28 pm
by Nick
im insured with NFU for business and social on my major. are there any differences in red diesel and white diesel other than the colour? where can i buy a roll bar from?

Re: Roll over protection

Posted: Sun Dec 19, 2010 10:06 pm
by Bensdexta
Nick wrote:are there any differences in red diesel and white diesel other than the colour?
Price - about 60p/L :)
where can i buy a roll bar from?
I suggest Flatford Engineering, nr York sales@flatford.co.uk
Got my Dexta frame from them. They have made thousands of frames and their prices are competitive.
All the best,