The Department for Transport has pledged action to deliver regulatory alignment between 4.25-tonne electric vans and 3.5-tonne diesel vans, including for MOTs, in its response to the consultation
The Department for Transport has pledged action to deliver regulatory alignment between 4.25-tonne electric vans and 3.5-tonne diesel vans, including for MOTs, in its response to the consultation held earlier this year.
The consultation ran between 24 December 2024 and 3 March 2025, and sought responses on proposals to amend regulations in terms of roadworthiness testing and drivers’ hours and tachographs for large zero-emission (ZE) goods vehicles with a maximum authorised mass (MAM) of over 3.5 tonnes, up to and including 4.25 tonnes.
Due to the extra weight of the battery or other zero-emission technology, these vehicles are often heavier than an equivalently sized, and equivalently used, internal combustion engine (ICE) vehicle. This extra weight may move the vehicle above the 3.5-tonne threshold, over which additional regulatory requirements for heavy goods vehicles apply.
Changes to driving licence entitlement for zero-emission vehicles came into effect from June 2025, making it easier to switch to electric vans. But there are concerns that additional regulations in other areas are slowing down fleets’ transition to zero-emission vehicles – and the consultation, which received 179 responses, explored changes to rules in Britain, not Northern Ireland.
Proposed changes under focus included the roadworthiness testing process for 3.5- to 4.25-tonne ZE vehicles. At present, these vehicles are tested in the heavy vehicle testing system at authorised testing facilities (ATFs). The first test occurs a year after first registration, and annually thereafter. The consultation proposed moving 3.5- to 4.25-tonne ZE vehicles into the class 7 MOT testing system, where tests are carried out by the private sector, rather than by DVSA vehicle examiners at ATFs. The class 7 MOT test is currently used for vehicles weighing above 3 tonnes, up to and including 3.5 tonnes.
This proposal was supported by a majority (82%) of all types of respondents to the consultation. Several respondents raised the additional administrative and financial burden of putting heavier zero-emission vans through heavy vehicle testing, as opposed to class 7 MOT testing for equivalent ICE vans.
The research also looked at assurances of safety and any HGV test features that should be added to the Class 7 MOT for heavier electric vans. It also asked responses whether assuming that tachograph and speed limiter rules do not change, they agree or disagree that the class 7 MOT test content should be changed to include the basic checks of these items.
The Government said there was a clear view that the existing system of roadworthiness testing for 3.5- to 4.25-tonne zero-emission vans was a significant burden for vehicle operators and therefore likely to act as a barrier to their adoption.
The DfT has now confirmed that it will work to move heavier ZE vans into scope of the class 7 MOT testing system (without adding features from the HGV test into the class 7 MOT), with a first test three years from first registration, and then annually.
Legislative change will be required to implement this and a post-implementation review (PIR) of that legislation will be conducted to assess its impact. The PIR will be used to assess any future evidence of whether the changes to the roadworthiness testing system lead to a deterioration in road safety (by comparing collision rates before and after the switch to class 7 MOT testing) and, if so, whether the legislation should be amended or revoked. The number of 3.5- to 4.25-tonne ZE vans failing the class 7 MOT and roadside prohibition rates could also be monitored, to provide evidence of whether the condition of vehicles changes significantly.
The consultation also sought views on proposals to alter the drivers’ hours and tachograph rules which apply to 3.5- to 4.25-tonne ZE vans. At present, these vans fall into scope of the assimilated drivers’ hours rules and therefore the assimilated tachograph rules. However, there is also a national derogation covering electric, natural gas or liquified gas powered goods vehicles weighing up to 7.5 tonnes (inclusive) used to transport goods within a 62-mile (100km) radius of their base and in this case, the GB rules apply instead.
A majority of respondents (67%) were supportive of the proposal to move 3.5- to 4.25-tonne ZE vans into scope of the GB drivers’ hours rules, with the greater simplicity, flexibility and uniformity with equivalent ICE vans all likely to be beneficial to those using these vans, supporting their uptake.
While there were concerns from some respondents about this change leading to drivers working excessively, no data was provided in support of this view and it is notable that drivers are permitted to work up to 13 hours a day under the assimilated rules, compared to 11 hours in the GB rules (with a 10-hour driving limit).
The DfT said it will now explore options for moving these vans from the assimilated drivers’ hours rules, into scope of the GB rules, based on the potential for clear benefits for users of such vehicles.
As with the roadworthiness proposals, legislation will be required to implement this change to drivers’ hours rules. Therefore, a PIR to understand the impact of the legislation will be carried out. If the PIR finds any evidence that the change to drivers’ hours rules led to an increase in collisions caused by driver fatigue, or to a reduction in compliance with the rules, future consideration could be given to amendment or revocation of the legislation or to enforcement action being taken.
Questions also explored views on the speed limiter rules which apply to 3.5- to 4.25-tonne ZE vans. At present, these vans must be limited to 56mph by built in speed limiters.
The= majority of respondents felt the speed limiter requirement should not be removed and that it does not act as a barrier to take up of such vans.
Most respondents who viewed speed limiters as a barrier to adoption of 3.5- to 4.25-tonne ZE vans identified both the fitting and maintenance of the speed limiter and the speed limit imposed as barriers. While the potential road safety effect of removing the speed limiter is understood, this could only lead to a significant increase in speed travelled when driving on a motorway.
Altering the additional regulatory requirements that apply to 3.5-to 4.25-tonne ZE vans for some (but not all) areas of regulation would also create a small group of vehicles with niche requirements, potentially leading to confusion and undermining the intention for regulatory consistency at the 4.25-tonne threshold.
Before implementing any changes to speed limiter requirements, a further targeted consultation containing specific proposals for alterations to speed limiter rules would be required. This further consultation could gather more information about the road safety effects of removing the speed limiter requirement and whether maintaining it while altering other rules (on roadworthiness and drivers’ hours as proposed in this consultation) would undermine the intention to make it easier to use 3.5- to 4.25-tonne ZE vans.
The consultation also asked respondents if there are other vehicles which may experience the same issue as 3.5- to 4.25-tonne ZE vans, where a shift from an ICE to ZE powertrain increases the weight of the vehicle, leading to them being subject to additional levels of regulation.
The responses received suggested that there are some other vehicle types which may experience similar issues with additional regulation where they are heavier than ICE equivalents due to being ZE. The DfT said it would keep the case for regulatory reform for other vehicle types under review.
Some respondents suggested that one approach to amending regulation would be to expand the scope of the N1 vehicle class (which currently can have a MAM of up to and including 3.5t), up to 4.25t. Goods vehicles with a MAM of 4.25t are currently included in the N2 vehicle class. It was also highlighted that the Driver and Vehicle Licensing Agency (DVLA) would need to alter their vehicle data systems to allow 3.5 to 4.25t ZE vans to undergo class 7 MOT tests.
A ‘victory for the environment and common sense’
Logistics UK said the Government’s proposals to stop treating electric vans as HGVs was a “victory for the environment and common sense”.
Chris Yarsley, senior policy manager – road freight regulation at the business group, commented: “The current situation where standard-size electric vans are treated as HGVs, in terms of MOT and driver hours requirements, is nonsensical and is limiting the adoption of cleaner electric vehicles. It is only the extra weight from the batteries that moves electric vans into the same category as HGVs, and from an operational point of view, the vehicles are the same as diesel and petrol equivalents.
“The proposals published in the consultation response will give operators the confidence to invest in cleaner electric vans as they remove the additional costs from adhering to legislation designed for HGV operators – it is a victory for the environment and common sense.
“Logistics UK has long been campaigning for full regulatory alignment between 4.25-tonne electric vans and 3.5-tonne diesel, and as part of the Zero Emission Van Plan coalition, we work to remove regulatory barriers and improve fiscal support for adopting electric vehicles. The outcomes from the consultation are a clear indication that the Government is listening to the sector’s concerns, and it is now essential for the recommendations to be adopted in law as quickly as possible.
“We also welcome recognition of our long-standing policy position on expanding the current light goods vehicle N1 classification to include electric vans up to 4.25 tonnes, and this will form part of our continuing discussions with the Department of Transport.”
Toby Poston, chief executive at the BVRLA, which is also part of the Zero Emission Van Plan coalition, greeted the proposed changes too.
Poston said: “This is a great result for the van sector and delivers something the Zero Emission Van Plan has pushed up the agenda. Policymakers have listened to the fleet sector. We now need to see the legislation passed quickly to finally remove these restrictive regulations.
“Today’s progress underlines what can be achieved when an industry comes together with a shared voice, met by government representatives that are ready to listen. Operators of large vans are being given the chance access cleaner, greener models, no longer hamstrung by illogical operational loopholes.”
The AA also greeted recommendations that will enable this sector of vans to convert at greater pace to electric.
Duncan Webb, AA fleet director, said: “WFrom the outset we have supported the great work of the BVRLA and AFP on the Zero Emission Van Plan and we look forward to the relevant legislation being put in place.
“However, we stress that urgency is required as EV van adoption at pace in this sector can only be achieved if the legislation is forth coming quickly and until it does there remains a fundamental challenge that fleets will struggle to resolve.”
