Consultation outcome

Changes to driving licence flexibility for alternatively-fuelled vehicles

Updated 10 October 2023

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England, Scotland and Wales

Executive summary

In 2019, the UK committed to meeting net zero greenhouse gas emissions by 2050, to ensure the we end our contribution to climate change. To support this goal, we will phase out the sale of new petrol and diesel cars and vans from 2030, with all new cars and vans zero emissions at the tailpipe from 2035.

Cars and vans represent one-fifth of UK domestic carbon dioxide (CO2) emissions. Phasing out the sale of new internal combustion engine (ICE) cars and vans is essential to meeting our legally-binding carbon targets and air quality goals.

The zero-emission vans market is growing. In 2021, the UK sold more plug-in electric vans than any other country in Europe (PDF, 1.3MB). However, it is still behind the zero-emissions car market and is in need of further support.

In 2018, the UK secured a derogation from the European Commission which allowed category B licence holders to drive alternatively-fuelled goods vans with a maximum authorised mass (MAM) of 4,250 kilograms (kg), over the standard 3,500kg entitlement.

3,500kg is the threshold where a large van is technically classed as a heavy goods vehicle (HGV), requiring a higher class of licence. However, alternatively-fuelled vehicles (AFVs) have an increased mass compared to their petrol and diesel counterparts. This is due to the additional weight of their powertrain, for example the battery. The derogation was granted to avoid constraining payload for operators using cleaner, alternatively-fuelled options, predominantly battery electric vehicles. Despite this extra weight, these vehicles are equivalent in function and appearance to large vans.

Typically, a driver must have a category C or C1 licence to operate a vehicle above 3,500kg, increasing costs for the user. This includes upfront licence acquisition, medical examinations and training for a driver certificate of professional competence (DCPC) if the vehicle is intended to be driven for commercial use.

We want to continue to ensure that operators who transition to AFVs do not face additional regulatory steps when doing so.

This is why we recently announced that we have no plans to remove this derogation and why we are now consulting on potential measures to optimise this policy.

We are asking for views on:

• the training requirement for eligible vehicles to be driven on a category B licence
• types of vehicles eligible for the derogation
• towing for derogation-eligible vehicles
• types of fuel eligible for the derogation

These proposals will only apply to Great Britain.

How to respond

You can respond by:

• online form
• email at licenceflexibility@ozev.gov.uk
• post at:

Driving licence flexibility consultation
Office for Zero Emission Vehicles
3rd floor
Great Minster House
33 Horseferry Road
London
SW1P 4DR

Alternative formats (for example, Braille or audio CD) of this consultation document are available on request.

When responding, state whether you are responding as an individual or representing the views of an organisation.

If responding on behalf of a larger organisation, state who the organisation represents and, where applicable, how the views of members were assembled.

Training requirement

Currently, category B drivers must undertake 5 hours of additional training before being permitted to operate AFVs from 3,500kg to 4,250kg on public roads.

Despite being classed as HGVs due to their higher kerb mass, these vehicles are equivalent in use to conventional large vans, which do not require additional training.

According to training registry data, over 2,000 drivers have completed the additional training thus far. We expect this number to increase as more drivers switch to AFVs and more products in the 3,500kg to 4,250kg weight range enter the market.

With an ever-increasing demand for AFVs, we want to avoid any strains on the availability of this additional training provision, which may slow our transition to cleaner vehicles.

Currently, 2 vocational driving instructor registers are eligible to provide additional training. We could expand this pool of eligible instructors to mitigate the risk of constraints to training availability.

Removing the training requirement completely would further reduce this risk as well as the administrative and cost burdens of the training. Subject to merit, we could also retain a reformed version of the training as a voluntary accreditation scheme (similar to that for reformed category B and E towing allowances).

In addition, category B licence holders are not currently entitled to operate AFVs within the 3,500 to 4,250kg weight range as part of their training. A reformed training process could include provisional entitlement to operate these vehicles, offering practical training experience.

Currently, category B drivers can already operate vehicle and trailer combinations over the derogation’s 4,250kg limit without additional training.

In the UK, category B drivers who passed their test before 1 January 1997 may drive a vehicle and trailer combination up to 8,250kg MAM and 7,000kg MAM for those who passed after this date.

As such, we are not aware of any evidence suggesting that a 4,250kg AFV is less safe or stable than a vehicle and trailer combination already permitted under current regulations.

The additional weight from AFV powertrains is likely to be centred around the chassis or underneath the cab rather than high up in the load space. This low centre of gravity helps to minimise negative impacts on the handling and manoeuvrability of the vehicle. As such, 4,250kg AFVs should not be significantly more difficult to operate than 3,500kg equivalents. However we recognise that the impact of collisions involving vehicles with higher mass could be greater.

We expect that the derogation will continue to primarily benefit large fleet operators. These operators generally impose vehicle competency testing and medical declarations on their drivers, further mitigating any potential road safety considerations.

Review questions 1 to 6 in the question section

Types of vehicles

The current derogation applies exclusively to vans driven for the purpose of transporting goods. We are seeking views on whether category B drivers should be entitled to operate other AFVs, beyond goods vans, up to 4,250kg.

While these other AFVs may not have their payload constrained like goods vans, passenger vehicles such as motorhomes and campervans have certain features which add to their weight. Similarly, accessible vehicles, such as those for wheelchair users, require additional equipment. Emergency vehicles and specialist local authority vehicles also have onboard requirements. As such, all of these vehicles are naturally larger and heavier, potentially taking them above the 3,500kg entitlement of a category B licence. This current threshold limits the number of drivers who can operate cleaner equivalents of these vehicles without further training and testing.

A category C or C1 licence is required to drive these vehicles above 3,500kg. To obtain these licences, drivers under 45 must self-certify their medical fitness to drive, and those over 45 must undertake an examination by a healthcare professional. If the derogation is extended beyond goods vans, these drivers would no longer be required to conduct a medical assessment, which presents a potential risk.

As with goods vans, the additional weight from AFV powertrains in these vehicles is likely to be centred around the chassis or lower in the vehicle. This low centre of gravity helps to minimise negative impacts on the handling and manoeuvrability of the vehicle. As such, other 4,250kg AFVs should not be significantly more difficult to operate than 3,500kg equivalents. However, we recognise that the impact of collisions involving vehicles with higher mass could be greater.

The extra powertrain weight may mean that category B drivers are ineligible to operate cleaner equivalents of these vehicles. We could expand eligibility for the derogation beyond goods vans to include other AFVs within current passenger-carrying entitlements.

Review questions 7 and 8 in the question section

Towing allowance

Currently, category B drivers who passed their test before 1 January 1997 may drive a vehicle and trailer combination up to 8,250kg MAM, and 7,000kg MAM for those who passed after this date.

Following recent entitlement changes, standard licence holders are no longer obligated to take a ‘B+E’ test to tow a trailer, but it is recommended that they do so.

However, the current derogation does not allow alternatively-fuelled goods vans between 3,500kg to 4,250kg to tow a trailer, which affects their appeal to users who require towing capability. AFVs below 3,500kg fall outside the scope of the derogation and are eligible to tow like their ICE counterparts.

When the derogation was introduced, few, if any, AFVs could tow a trailer. Recent developments in technology mean that an increasing number of AFVs with towing capability are entering the market.

We are seeking views on whether to establish towing allowance for AFVs between 3,500kg to 4,250kg, enabling a vehicle and trailer combination up to 7,000kg.

Review questions 9 to 11 in the question section

Fuel type

The current derogation for 3,500kg to 4,250kg AFV goods vans defines ‘alternative fuel’ as:

• electricity
• natural gas
• biogas
• hydrogen
• hydrogen and electricity (hybrid)

While some of these fuels are zero emissions, others emit carbon and various pollutants from the tailpipe, so would not meet the requirement for all new cars, vans and certain HGVs to be zero-emission at the tailpipe in 2035.

We could redefine which vehicles are eligible for the derogation to zero emission vehicles (ZEVs) only to bring it in line with our phase-out dates, climate change obligations and air quality goals.

We are seeking views on whether to change the current definition of the eligible fuels for the derogation or to keep non-zero emission fuels eligible.

Review questions 12 and 13 in the question section

What will happen next

Officials from the Department for Transport will continue to engage with the devolved administration in Northern Ireland to consider if these regulations could also be applied there. Any decision to do so would be for the Department for Infrastructure Minister, as driver licensing is a devolved matter.

We are considering how the transition to zero emission vehicles is affected by vehicle weights. This includes the impact which regulations for vehicles weighing above 3,500kg, designed for HGVs, have on large alternatively-fuelled vans.

A summary of responses, including the next steps, will be published once your feedback has been analysed.

Annex A: full list of questions

Question 1: Which is your preferred option in regards to the training?

• Reforming the training plus expanding the pool of instructors eligible to offer the training
• Removing the training requirement
• Maintaining the current practice

Question 2: Can you explain and quantify any advantages or disadvantages (e.g. economic, environmental, safety) of these potential changes to the training requirement?

Question 3: If you believe the training requirement should be retained, should the pool of instructors eligible to offer the training be expanded? Who should this include?

Question 4: If you believe the training requirement should be retained, should drivers be given provisional entitlement to operate these vehicles as part of their training?

Question 5: If you believe the training requirement should be removed, should there be a voluntary accreditation scheme similar to the current training?

Question 6: Can you provide any data on the safety of these vehicles, particularly in comparison to ICE equivalents?

Question 7: Should we expand the derogation to include other AFVs, beyond goods vans? If so, are there any examples other than those above that should also be included?

Question 8: Can you explain and quantify any advantages and disadvantages (e.g. economic, environmental, safety) of expanding the derogation to other AFVs, beyond goods vans?

Question 9: Should category B drivers be allowed to tow a trailer with an AFV between 3,500kg and 4,250kg up to 7,000kg MAM?

Question 10: If no to Question 6, how much do you think a category B licence holder should be allowed to tow with their AFV between 3,500kg and 4,250?

Question 11: Can you explain and quantify any advantages and disadvantages (e.g. economic, environmental, safety, data) of allowing AFVs between 3,500kg to 4,250kg to tow a trailer?

Question 12: Should the derogation be redefined to bring it in line with the Government’s 2030 and 2035 phase-out dates for non-zero emission vehicles?

Question 13: Can you explain and quantify any advantages and disadvantages of maintaining the existing definition of eligible fuels for the derogation?

Annex B: consultation principles

The consultation is being conducted in line with the government’s key consultation principles.

If you have any comments about the consultation process email consultation@dft.gov.uk.

Freedom of Information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

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The department will process your personal data in accordance with the Data Protection Act and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

Data protection

This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain any information that allows you to be identified, DfT will, under data protection law, be the controller for this information.

As part of this consultation, we’re asking for your name and email address. This is in case we need to ask you follow-up questions about any of your responses. You do not have to give us this personal information. If you do provide it, we’ll use it only to ask follow-up questions. We will not use your name or other personal details that could identify you when we report the results of the consultation.

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Your information will be kept securely on a secure IT system within DfT and destroyed within 12 months of the consultation end date.