VOSA says truck dealerships no longer need a registered tractor unit and operator's licence to transport customers' trailers to annual tests at its testing stations. The organisation believes the rule - set by a legal precedent in 1993 - is impractical, as few dealers have been able to take on licences because of the cost and complexity of operator regulations.
The problem last came to light in 2006 when Midlands Scania dealer Keltruck was prosecuted in a test case at Leicester Magistrates' Court for the offence. However, the court found the firm not guilty and the law "unclear". Despite this, it has taken the government another two years to clarify the rules meaning that many dealers have had to flout them, risking prosecution as a result.
However, since the 2006 case, VOSA has not clamped down on dealerships ignoring the restrictions as it has found enforcement impossible. The current situation is expected to be permanently resolved via the new Operator's Licence Reform Package Amendment due in mid 2009. Chris Kelly, chairman and managing director of Keltruck, describes the move as a "good, common-sense decision".
He adds: "Everyone has been highly inconvenienced by the situation as it was. It has led to complications with drivers' hours, as well as health and safety issues."
Sue Robinson, director at the Retail Motor Industry Federation's National Franchised Dealers Association (NFDA), says: "The NFDA has been working with VOSA and other government agencies to resolve the situation, and we are very pleased that a solution has been reached for our membership, and the wider industry.
"The rules on operators' licences have been a big problem for truck dealers for many years. "This law is unworkable, and many dealers were forced to flout the rules, risking prosecution as a result. The rules also caused problems for VOSA, which had difficulty enforcing them."