Btw some pertinent points made by a member of the Fightback Forum website, quoted below. These are very much aligned with the same points as Amarillo. Some of which I added to my representation to the adjudicator.
"In 2013, a reference to
Commission Regulation (EU) No 678/2011 of 14 July 2011, replacing Annex II and amending Annexes IV, IX and XI to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive), was added to a 2011 thread on the topic of the definition of "goods vehicle":
http://forums.pepipoo.com/lofiversion/index.php/t62058.html
In Part A thereof, "Criteria for vehicle categorisation", section 1 specifies the classifications used for "purposes of European and national type-approval, as well as individual approval", as follows (in relevant part):
Category M Motor vehicles designed and constructed primarily for the carriage of persons and their luggage.
Category M1 Vehicles of category M, comprising not more than eight seating positions in addition to the driver’s seating position.
Category N Motor vehicles designed and constructed primarily for the carriage of goods.
Category N1 Vehicles of category N having a maximum mass not exceeding 3,5 tonnes.
In addition, a “Special purpose vehicle (SPV)” is a subcategory of these categories which is applied to vehicles of category M, N or O which have "specific technical features in order to perform a function which requires special arrangements and/or equipment."
One of the specified types of "Special purpose vehicle" is the "Motor caravan", which is defined as:
"A vehicle of category M with living accommodation space which contains the following equipment as a minimum: (a) seats and table; (b) sleeping accommodation which may be converted from the seats; © cooking facilities; (d) storage facilities. This equipment shall be rigidly fixed to the living compartment. However, the table may be designed to be easily removable."
This implies that a vehicle that is officially considered a "Motor caravan"
must belong to category M (unless it had been mistakenly categorised), as there are no "Motor caravans" that do not belong to any category other than M.
In Part C thereof, "Definitions of types of bodywork", we find the following:
1. Vehicles belonging to category M1
AA
Saloon a vehicle defined in term 3.1.1.1 of Standard ISO 3833:1977, fitted with at least four side windows.
AB
Hatchback a saloon as defined in 1.1 with a hatch at the rear end of the vehicle.
AC
Station wagon a vehicle defined in term 3.1.1.4 of Standard ISO 3833:1977.
AD
Coupé a vehicle defined in term 3.1.1.5 of Standard ISO 3833:1977.
AE
Convertible a vehicle defined in terms No 3.1.1.6 of Standard ISO 3833:1977. However a convertible may have no door.
AF
Multi-purpose vehicle a vehicle other than AG and those mentioned in AA to AE intended for carrying persons and their luggage or occasionally goods, in a single compartment.
AG
Truck station wagon a vehicle defined in terms No 3.1.1.4.1 of Standard ISO 3833:1977. However, the luggage compartment must be completely separated from the passenger compartment. In addition, the reference point of the driver’s seating position needs not to be at least at 750 mm above the surface supporting the vehicle.
Accordingly, a vehicle meeting the definition of "motor caravan" under the Regulation should be considered a vehicle of category M, with a body type of "multi-purpose vehicle", for European and UK type and individual approval purposes--which should be reflected in UK law. By implication, such a vehicle cannot also be a vehicle of category N, which is (obviously but, frustratingly, not explicitly) for goods vehicles.
But is TfL bound by this? EU Regulations are directly effective (they do not need to be transposed into UK law), at least so long as the European Communities Act 1972 remains law, so I would think so. Their letter has not bothered to argue the point; it simply says that "our records show that the [OP's caravan] is a [goods] vehicle," without explaining or even addressing the OP's evidence on that point. Nor has TfL referenced the information in "their records" or explained why they differ from those held by the DVLA. "
