Legal requirements for van conversions.

[SquirrellCook]

I've mentioned this before on various posts/sites, but I've found the proof again. All motorhomes should be classed as PLG (M1) regardless of weight. And not any form of HGV. I don't intend any malice, it's just to inform and show how the rules are not necessarily followed by government bodies.


Guidance

Converting a van to carry passengers in the rear​

Published 1 May 2010

Contents​

1. Regulations regarding converting a van to carry passengers in the rear
2. Do I need to fit seatbelts in the rear?
3. Side-facing seatbelts
4. Carrying children
5. How many passengers can I carry?
6. Do I need to fit additional windows in my van?
7. Is a goods vehicle still a goods vehicle, even if it has seats in the back?
8. Can I carry goods and passengers in the rear?
9. Does the converted vehicle need to be checked?
10. Do I need to inform anybody of the changes?
11. Further information
12. Legal information

Print this page

Regulations regarding converting a van to carry passengers in the rear​

There are no specific regulations covering the conversion of vans into passenger carrying vehicles. However, Regulation 100 of The Road Vehicles (Construction & Use) Regulations 1986 (SI 1986 No. 1078) will apply. This requires:

• a motor vehicle, and all its parts and accessories
• the number of passengers carried, and the manner in which any passengers are carried in or on a vehicle
• the weight, distribution, packing and adjustment of the load of a vehicle

to be at all times such that no danger is caused, or is likely to be caused, to any person in or on a vehicle or on a road. This means that the conversion work must allow passengers to be carried safely.
Additional seats should be fitted securely so that they are likely to remain in place in the event of an accident. We recommend that you seek the advice of a reputable garage or vehicle converter.
Further to this, Section 40a of The Road Traffic Act 1988 (as amended by Section 8 of the Road Traffic Act 1991) Part II, Using a Vehicle in a Dangerous Condition, states that:
A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when:
(a) the condition of the motor vehicle or trailer, or of its accessories or equipment; or
(b) the purpose for which it is used; or
(c) the number of passengers carried by it, or the manner in which they are carried; or
(d) the weight, position or distribution of its load, or the manner in which it is secured
is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

Do I need to fit seatbelts in the rear?​

There is no legal requirement for seatbelts to be fitted in the rear of a van. However, our advice is that the safest way for passengers to travel is in a proper seat with seatbelts fitted and, if you intend to carry children aged 12 years or under, the seatbelt wearing regulations require them to wear a suitable child restraint at all times.
When fitting seatbelts, they must comply with the latest British or European standards and be marked accordingly with either the ‘e’, ‘E’ or BS ‘Kitemark’. The seatbelt anchorage points should also be designed so that they will be capable of withstanding the high forces of an impact. We strongly recommend that seatbelts and anchorages are professionally installed by qualified persons (such as a commercial garage or seatbelt specialist).

Side-facing seatbelts​

Our advice is that passengers are safest in a forward or rearward facing seat equipped with a lap belt or, preferably, a three-point belt.
Although side facing seats, with or without seatbelts, are not illegal, we would not advise that they are used. This is because seatbelts are not designed to be used with such seats. In the event of an accident, seatbelts on these side facing seats may help to prevent the wearer being thrown around the vehicle or from being ejected, but in a frontal crash they can increase injury risk by subjecting vulnerable parts of the body to higher loads than seatbelts used on forward facing seats. You should also bear in mind that child restraints cannot be fitted to side facing seats. In order to fit the required child restraints, you would need to have forward or rearward facing seats with full three-point seatbelts.

Carrying children​

If you intend to carry children aged 12 years or under, the seatbelt wearing regulations require them to use a suitable child restraint. You should bear in mind that child restraints cannot be fitted to side facing seats. In order to fit the required child restraints, you would need to have forward or rearward facing seats with full three-point seatbelts.

How many passengers can I carry?​

Whilst there is no specific limit on the number of passengers carried, vehicles designed or modified to carry more than 8 seated passengers excluding the driver will fall into the ‘minibus’ category and must comply with specific construction requirements which are set out in Schedule 6 of The Road Vehicles (Construction & Use) Regulations 1986. It is also important that you confirm the number of passengers and the manner in which they will be carried with your insurance company.

Do I need to fit additional windows in my van?​

No. There is no requirement for windows to be fitted in the rear of a vehicle. However, if you choose to fit windows, these should be made of non-glass safety glazing or safety glass. Separate information is available on the requirements for vehicle glazing.

Is a goods vehicle still a goods vehicle, even if it has seats in the back?​

That depends on the particular circumstances. A goods vehicle is ‘a motor vehicle constructed or adapted for use for the carriage or haulage of goods or burden of any description’. A passenger vehicle is ‘a vehicle constructed solely for the carriage of passengers and their effects’.
If, by adding extra seats, all the load space was now taken up by passengers and their effects, a court might decide that the vehicle now fell under the description of ‘passenger vehicle’ rather than ‘goods vehicle’ and would need to meet the regulations that applied to passenger vehicles. This could affect the requirements for items such as seatbelts and brakes, as well as licensing requirements.

Can I carry goods and passengers in the rear?​

Although there is nothing specific in the regulations to prevent you doing this, we would strongly advise against carrying heavy goods and passengers in the rear of a van unless the load is secured to the bodywork to ensure it does not move about. Alternatively, if you intend to carry passengers on a regular basis you can create a separate load area by installing an internal partition.
If a partition is fitted you should ensure it is strong enough to stop the load from being thrown about inside the van. Securing the load or fitting an internal partition offers some protection to any passengers being carried, which is particularly important in the event of an accident, as heavy, unrestrained items being thrown about are likely to cause death or serious injury.
If the vehicle has more than 8 seats in addition to the driver, it will be classed as a minibus or bus, whether or not it also has room for the carriage of goods.

Does the converted vehicle need to be checked?​

There is no formal checking procedure for private conversions. However, if you have installed new seatbelts, it is advisable that you submit your vehicle for a seatbelt installation check (a class IVa check) which can be carried out as part of the annual MOT test.

Do I need to inform anybody of the changes?​

It may not be necessary to have your vehicle’s registration details altered, but you should check with the DVLA or your DVLA Local Office.
You should also inform your insurance company of the changes made along with the number of passengers and the manner in which they will be carried.

Further information​

Consolidated versions of national regulations can be found in Sweet and Maxwell’s Encyclopaedia of Road Traffic Law and Practice (Construction and Use) which should be available at most main reference libraries.
Copies of national regulations can also be purchased from:
TSO Orders / Post Cash Department,
PO Box 29,
Norwich,
NR3 1GN
Telephone: 0870 600 5522
Fax: 0870 600 5533
email: customer.services@tso.co.uk
website: http://www.tso.co.uk

Legal information​

This guidance is covered by the terms and conditions that apply to all GOV.UK content.

Converting a van to carry passengers in the rear

www.gov.uk

 

[Deleted member 4404]

Hmmm, wonder where our ex passenger ambulance fits in, we have no provision for passengers in the back, just our 2 seats in the cab.
That seems to be more about carrying passengers than converting to living space.

 

[Squiffy]

I've mentioned this before on various posts/sites, but I've found the proof again. All motorhomes should be classed as PLG (M1) regardless of weight. And not any form of HGV. I don't intend any malice, it's just to inform and show how the rules are not necessarily followed by government bodies.


Guidance

Converting a van to carry passengers in the rear​

Published 1 May 2010

Contents​

1. Regulations regarding converting a van to carry passengers in the rear
2. Do I need to fit seatbelts in the rear?
3. Side-facing seatbelts
4. Carrying children
5. How many passengers can I carry?
6. Do I need to fit additional windows in my van?
7. Is a goods vehicle still a goods vehicle, even if it has seats in the back?
8. Can I carry goods and passengers in the rear?
9. Does the converted vehicle need to be checked?
10. Do I need to inform anybody of the changes?
11. Further information
12. Legal information

Print this page

Regulations regarding converting a van to carry passengers in the rear​

There are no specific regulations covering the conversion of vans into passenger carrying vehicles. However, Regulation 100 of The Road Vehicles (Construction & Use) Regulations 1986 (SI 1986 No. 1078) will apply. This requires:

• a motor vehicle, and all its parts and accessories
• the number of passengers carried, and the manner in which any passengers are carried in or on a vehicle
• the weight, distribution, packing and adjustment of the load of a vehicle

to be at all times such that no danger is caused, or is likely to be caused, to any person in or on a vehicle or on a road. This means that the conversion work must allow passengers to be carried safely.
Additional seats should be fitted securely so that they are likely to remain in place in the event of an accident. We recommend that you seek the advice of a reputable garage or vehicle converter.
Further to this, Section 40a of The Road Traffic Act 1988 (as amended by Section 8 of the Road Traffic Act 1991) Part II, Using a Vehicle in a Dangerous Condition, states that:
A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when:
(a) the condition of the motor vehicle or trailer, or of its accessories or equipment; or
(b) the purpose for which it is used; or
(c) the number of passengers carried by it, or the manner in which they are carried; or
(d) the weight, position or distribution of its load, or the manner in which it is secured
is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

Do I need to fit seatbelts in the rear?​

There is no legal requirement for seatbelts to be fitted in the rear of a van. However, our advice is that the safest way for passengers to travel is in a proper seat with seatbelts fitted and, if you intend to carry children aged 12 years or under, the seatbelt wearing regulations require them to wear a suitable child restraint at all times.
When fitting seatbelts, they must comply with the latest British or European standards and be marked accordingly with either the ‘e’, ‘E’ or BS ‘Kitemark’. The seatbelt anchorage points should also be designed so that they will be capable of withstanding the high forces of an impact. We strongly recommend that seatbelts and anchorages are professionally installed by qualified persons (such as a commercial garage or seatbelt specialist).

Side-facing seatbelts​

Our advice is that passengers are safest in a forward or rearward facing seat equipped with a lap belt or, preferably, a three-point belt.
Although side facing seats, with or without seatbelts, are not illegal, we would not advise that they are used. This is because seatbelts are not designed to be used with such seats. In the event of an accident, seatbelts on these side facing seats may help to prevent the wearer being thrown around the vehicle or from being ejected, but in a frontal crash they can increase injury risk by subjecting vulnerable parts of the body to higher loads than seatbelts used on forward facing seats. You should also bear in mind that child restraints cannot be fitted to side facing seats. In order to fit the required child restraints, you would need to have forward or rearward facing seats with full three-point seatbelts.

Carrying children​

If you intend to carry children aged 12 years or under, the seatbelt wearing regulations require them to use a suitable child restraint. You should bear in mind that child restraints cannot be fitted to side facing seats. In order to fit the required child restraints, you would need to have forward or rearward facing seats with full three-point seatbelts.

How many passengers can I carry?​

Whilst there is no specific limit on the number of passengers carried, vehicles designed or modified to carry more than 8 seated passengers excluding the driver will fall into the ‘minibus’ category and must comply with specific construction requirements which are set out in Schedule 6 of The Road Vehicles (Construction & Use) Regulations 1986. It is also important that you confirm the number of passengers and the manner in which they will be carried with your insurance company.

Do I need to fit additional windows in my van?​

No. There is no requirement for windows to be fitted in the rear of a vehicle. However, if you choose to fit windows, these should be made of non-glass safety glazing or safety glass. Separate information is available on the requirements for vehicle glazing.

Is a goods vehicle still a goods vehicle, even if it has seats in the back?​

That depends on the particular circumstances. A goods vehicle is ‘a motor vehicle constructed or adapted for use for the carriage or haulage of goods or burden of any description’. A passenger vehicle is ‘a vehicle constructed solely for the carriage of passengers and their effects’.
If, by adding extra seats, all the load space was now taken up by passengers and their effects, a court might decide that the vehicle now fell under the description of ‘passenger vehicle’ rather than ‘goods vehicle’ and would need to meet the regulations that applied to passenger vehicles. This could affect the requirements for items such as seatbelts and brakes, as well as licensing requirements.

Can I carry goods and passengers in the rear?​

Although there is nothing specific in the regulations to prevent you doing this, we would strongly advise against carrying heavy goods and passengers in the rear of a van unless the load is secured to the bodywork to ensure it does not move about. Alternatively, if you intend to carry passengers on a regular basis you can create a separate load area by installing an internal partition.
If a partition is fitted you should ensure it is strong enough to stop the load from being thrown about inside the van. Securing the load or fitting an internal partition offers some protection to any passengers being carried, which is particularly important in the event of an accident, as heavy, unrestrained items being thrown about are likely to cause death or serious injury.
If the vehicle has more than 8 seats in addition to the driver, it will be classed as a minibus or bus, whether or not it also has room for the carriage of goods.

Does the converted vehicle need to be checked?​

There is no formal checking procedure for private conversions. However, if you have installed new seatbelts, it is advisable that you submit your vehicle for a seatbelt installation check (a class IVa check) which can be carried out as part of the annual MOT test.

Do I need to inform anybody of the changes?​

It may not be necessary to have your vehicle’s registration details altered, but you should check with the DVLA or your DVLA Local Office.
You should also inform your insurance company of the changes made along with the number of passengers and the manner in which they will be carried.

Further information​

Consolidated versions of national regulations can be found in Sweet and Maxwell’s Encyclopaedia of Road Traffic Law and Practice (Construction and Use) which should be available at most main reference libraries.
Copies of national regulations can also be purchased from:
TSO Orders / Post Cash Department,
PO Box 29,
Norwich,
NR3 1GN
Telephone: 0870 600 5522
Fax: 0870 600 5533
email: customer.services@tso.co.uk
website: http://www.tso.co.uk

Legal information​

This guidance is covered by the terms and conditions that apply to all GOV.UK content.

Converting a van to carry passengers in the rear

www.gov.uk

Good find Squirrell, I've known for years that travelling in the rear seats was not illegal but frowned apon, but could never find the official wording and form. Phil

 

[Deleted member 12559]

My van is recorded on the V5 as;

Body Type.................MOTOR CARAVAN
Taxation Class..........PRIVATE HGV
Revenue Weight.....6600 KG GROSS

When I converted this present van to a Motor Caravan there were convenient DVLA local offices
in existence.
On completion of said conversion I visited the local offices with some photos of the completed van,
fluttered my eyelashes at the young woman behind the counter, she took my particulars.
Couple of weeks later I got a new V5 showing the updated classification.
Much easier online process these days........Haha, only for some I fear.

But there's always a downside, I was unaware that annual VED then dropped to £165 from,
I think £245, I paid this for 4 years before realising my oversight. DVLA apologised for their error
and sent me a £25 cheque, I complained, they resisted then offered to discuss at the local office.
Unfortunately I was leaving for overseas and had to grit my teeth.

 

[Squiffy]

My van is recorded on the V5 as;

Body Type.................MOTOR CARAVAN
Taxation Class..........PRIVATE HGV
Revenue Weight.....6600 KG GROSS

When I converted this present van to a Motor Caravan there were convenient DVLA local offices
in existence.
On completion of said conversion I visited the local offices with some photos of the completed van,
fluttered my eyelashes at the young woman behind the counter, she took my particulars.
Couple of weeks later I got a new V5 showing the updated classification.
Much easier online process these days........Haha, only for some I fear.

But there's always a downside, I was unaware that annual VED then dropped to £165 from,
I think £245, I paid this for 4 years before realising my oversight. DVLA apologised for their error
and sent me a £25 cheque, I complained, they resisted then offered to discuss at the local office.
Unfortunately I was leaving for overseas and had to grit my teeth.

You can bet your life on it that if the error was vicky verky you would have been put into court if you refused to pay it because of lapse of time. Phil

 

[SquirrellCook]

My van is recorded on the V5 as;

Body Type.................MOTOR CARAVAN
Taxation Class..........PRIVATE HGV
Revenue Weight.....6600 KG GROSS

When I converted this present van to a Motor Caravan there were convenient DVLA local offices
in existence.
On completion of said conversion I visited the local offices with some photos of the completed van,
fluttered my eyelashes at the young woman behind the counter, she took my particulars.
Couple of weeks later I got a new V5 showing the updated classification.
Much easier online process these days........Haha, only for some I fear.

But there's always a downside, I was unaware that annual VED then dropped to £165 from,
I think £245, I paid this for 4 years before realising my oversight. DVLA apologised for their error
and sent me a £25 cheque, I complained, they resisted then offered to discuss at the local office.
Unfortunately I was leaving for overseas and had to grit my teeth.

And this is the point I'm making. You now have a passenger vehicle, not a goods vehicle. If I can find it, there is an explanation of the use of private HGV's. I don't think your even allowed to carry your lunch in it, let alone passengers. I think it's intended for site only shunter vehicles or for moving "Show" vehicles from site to site.

Please don't think I'm aiming this at anyone, I'm just showing the stupidity of the people who apply the categories.

 

[SquirrellCook]

Hmmm, wonder where our ex passenger ambulance fits in, we have no provision for passengers in the back, just our 2 seats in the cab.
That seems to be more about carrying passengers than converting to living space.

So if you had 9 folding seats in the back you would be classed as a minibus and could legally carry goods too. You couldn't be taxed as a small bus/coach as you don't have "fair paying passengers" so I guess then you must be PLG?

Though I think if you tried to play games with this, you find changing category might place you somewhere unfavourable.

I had two Mercedes 608D's one Luton lorry and the other a panel van conversion.
Both were tested at the same ministry testing station.
The panel van had to be tested as a car! Trying to get the front brakes good enough for the test was horrible. (brake drums)
This also used to be taxed at the local post office as Motor Caravan.
I was told it could no longer be taxed at the post office, and I had to send my V5 in when applying for the tax.
It came back as PHGV and the ministry testing station would no long accept it!.

 

[Deleted member 12559]

I admit my knowledge on the finer points of motor home classification has lapsed in
recent years. And don't start me on showmans rigs, 5th wheeler MOT exemptions etc it's
all a horrendous mess, even driving licence categories are a lesson in obfuscation
and ambiguity, had to retake my m/bike licence, (they mislaid it didn't they) says it all.


But does anyone remember in the good old days! when on conversion of a van into
a motor home or camper you were obliged to pay a tax? This was a kind of betterment
levy, based on the value of the van as a motorhome camper minus it's value as a van.
This usually involved invoices, guesswork and argument with the Inland Revenue!
In 1990 I purchased one of the last VW T2s diesels, converted it myself using the best
of Reimo and Westfalia parts. Cost a packet, unique detail features etc.
When finished trundled off to Mr taxman, very cooperative bloke (suspicious!), agreed with all my
invoices/estimates, signed me off quickly, I paid the levy due, fair bit lower than I estimated.
2 days later I read in the newspapers that in the Budget the bloody levy had been abolished.
Crafty taxman, no wonder he so readily accepted my estimates

 

[wildebus]

That was a pain . Bit like the 10% Car Tax that went away (in the 80's?) and people expected cars to get 10% cheaper... Nope...


Ref your tax on conversions .... Still applied in the Republic of Ireland. People doing conversions there have fun. Minimise the cost of the parts bought to reduce the tax (based on cost of conversion not value of conversion) and then maximise the value for the insurance.
Tricky when people wanted to fit decent (aka expensive) kit but wanted receipts for rubbish stuff.

 

[Nabsim]

While you can legally carry passengers in the rear on side facing seats without belts as stated in this document the police can make a case that you are carrying an unsecured load. I posted info on side facing seats a couple of years ago that covered this, the exception (as stated in this documentation) is children under a certain age where they have to have proper restraints. My insurance company insured m to carry driver and passenger after I told them my motorhome had side facing seats, they only cover belted seats. So, while under construction and use you can do something it doesn’t mean you will escape prosecution in the event of an accident or upsetting a policeman.

Also, my manufacturer built (Geist by LMC) motorhome is called a Private HGV

 

[Deleted member 12559]

Soon after. changing the 709d classification from HGV Commercial to
Private HGV Motorcaravan I went for an MOT Class 4 (private car).
Failed. Reason....no seatbelts. As an HGV Commercial not required,
Apparently it's not seen as practical to expect a driver of a multi drop
service to lash themselves in every 100 meters. Had to get MB belts
to fit B pillar mounting.

 

[trevskoda]

Here at test station all the regs they showed me are as follows, seat belts front ok, rear 3 point or lap if no object in front to hit from about 88 to 2006 all with correct plate size under the floor unless its wood.
3 point only 2006 to 2012 then seats wear meant to be marked for conveyance < eu regs but dropped>, side facing belted seats wear dropped as from late eighties and no ins will cover you if you tell them.
Now here is a strange thing, van under motorcaravan tested as car but up to 3.5 t no exhaust test but mine 6.3 is tested, strange as all iveco vans run the same engine, work that one out.