The Goods Vehicles (Testing, Drivers’ Hours and Tachographs etc.) (Amendment) Regulations 2026
Reclassified zero-emission goods vehicles up to 4,250kg into the Class 7 MOT regime and exempted them from standard drivers' hours and tachograph rules.
These Regulations modify the roadworthiness testing and operational rules for zero-emission goods vehicles weighing between 3,500kg and 4,250kg.
The instrument shifts these specific vehicles from the heavy vehicle testing regime into the Class 7 MOT system and exempts them from assimilated EU drivers' hours and tachograph requirements.
These changes apply to vehicle owners and transport undertakings in England, Wales, and Scotland, while also mandating a periodic review of the new rules every five years by the Secretary of State.
Arguments For
The explanatory note states that the regulations align the regulatory framework for zero-emission goods vehicles (ZEGVs) weighing between 3,500kg and 4,250kg with the rules currently applicable to lighter goods vehicles not exceeding 3,500kg.
The document implies that these changes remove the affected vehicles from the more stringent heavy vehicle roadworthiness testing and drivers' hours frameworks that would otherwise apply due to their weight.
Proponents may argue that the instrument facilitates the use of zero-emission technology by offsetting the additional weight of batteries or alternative propulsion systems without imposing heavier regulatory burdens.
The Secretary of State asserts that no significant impact on the private, voluntary, or public sector is foreseen, as noted in the de minimis assessments prepared for the instrument.
Arguments Against
Legal scholars may note that the use of section 14(3) of the Retained EU Law (Revocation and Reform) Act 2023 allows for the amendment of secondary assimilated law with limited parliamentary debate compared to primary legislation.
Safety advocates might question whether exempting heavier vehicles (up to 4,250kg) from standard drivers' hours and tachograph rules could impact road safety or driver fatigue management.
Fleet operators may face initial administrative costs in adjusting to the new Class 7 MOT testing requirements and tyre tread standards specifically for this weight class.
The effectiveness of the regulations depends on the precise CO2 emission measurements of vehicle engines, which may lead to technical disputes if testing standards vary.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Goods Vehicles (Testing, Drivers' Hours and Tachographs etc.) (Amendment) Regulations 2026 and come into force on the twenty-first day after the day on which they are made.
(2) These Regulations extend to England and Wales and Scotland.
This section establishes the official name of the regulations and sets the commencement date as 21 days after the date they are signed.
It limits the legal jurisdiction of these rules to England, Wales, and Scotland.
Amendment of the Motor Vehicles (Tests) Regulations 1981
- (2) At the end of paragraph (1) of regulation 3 (interpretation), insert-
''zero-emission vehicle' means a vehicle without an internal combustion engine, or with an internal combustion engine that has emissions of CO2 of zero grams per kilometre'.
- (3) In regulation 5 (classification of vehicles and application of Regulations)-
- (a) in paragraph (1), for sub-paragraph (j), substitute-
- '(j) Class VII: Goods vehicles-
- (i) in EU category N1 of which the design gross weight exceeds 3,000 kilograms but does not exceed 3,500 kilograms; and
- (ii) in EU category N2-
- (aa) of which the design gross weight exceeds 3,500 kilograms but does not exceed 4,250 kilograms, and
- (bb) which are zero-emission vehicles;';
- (b) in paragraph (6), in sub-paragraph (b), for 'and N1' substitute 'N1 and N2'.
(4) In regulation 6 (exemptions), in paragraph (1), in sub-paragraph (v), for '3500 kilograms' substitute '3,500 kilograms, excluding a zero-emission vehicle the design gross weight of which exceeds 3,500 kilograms but does not exceed 4,250 kilograms'.
This section introduces a formal definition for 'zero-emission vehicle' based on absence of an internal combustion engine or zero CO2 emissions.
It expands the 'Class VII' (Class 7) MOT testing category to include zero-emission goods vehicles weighing between 3,500kg and 4,250kg.
These vehicles are subsequently removed from certain general exemptions that apply to other vehicles in the N2 category.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
3. -(1) The Road Vehicles (Construction and Use) Regulations 1986( 5 ) are amended as follows.
(2) In regulation 3 (interpretation), in paragraph (2), in the table, after the definition of 'works truck' insert-
a vehicle without an internal combustion engine, or with an internal combustion engine that has emissions of CO 2 of zero grams per
'zero-emission vehicle kilometre. '.
- (3) In regulation 27 (condition and maintenance of tyres)-
'(ii) goods vehicles-
- (aa) which are not zero-emission vehicles, with a maximum gross weight exceeding 3,500 kg, or
- (bb) which are zero-emission vehicles, with a maximum gross weight exceeding 4,250 kg.';
- (b) in paragraph (4), in sub-paragraph (e), for paragraph (ii), substitute-
'(ii) goods vehicles-
(aa) with a maximum gross weight which does not exceed 3,500 kg, or
(bb) which are zero-emission vehicles with a maximum gross weight over 3,500 kg but not exceeding 4,250 kg; and';
(c) in paragraph (4), in sub-paragraph (e), in paragraph (iii), for 'sub-paragraph (ii)' substitute 'sub-paragraph (ii)(aa)'.
These amendments update the rules regarding vehicle construction and tyre maintenance.
It ensures that zero-emission vehicles up to 4,250kg are subject to the same tyre maintenance standards as lighter goods vehicles rather than those for heavy goods vehicles.
The section also inserts the standard definition of a zero-emission vehicle into the 1986 Regulations.
Amendment of the Goods Vehicles (Plating and Testing) Regulations 1988
4. -(1) The Goods Vehicles (Plating and Testing) Regulations 1988( 6 ) are amended as follows.
- (2) At the end of paragraph (1) of regulation 3 (interpretation), insert-
''zero-emission vehicle' means a goods vehicle without an internal combustion engine, or with an internal combustion engine that has emissions of CO# of zero grams per kilometre'.
(3) In Schedule 2, after paragraph 40, insert-
' 41. Zero-emission vehicles the design gross weight of which exceeds 3,500 kilograms but does not exceed 4,250 kilograms.'.
This section exempts zero-emission goods vehicles between 3,500kg and 4,250kg from the plating and testing regime typically required for heavy goods vehicles.
By adding them to Schedule 2, the regulations move these vehicles into the standard MOT testing system instead.
It also applies the standard zero-emission vehicle definition to these specific regulations.
Amendment of the Community Drivers' Hours and Recording Equipment Regulations 2007
- -(1) The Community Drivers' Hours and Recording Equipment Regulations 2007( 7 ) are amended as follows.
(2) In the Schedule (exempted vehicles)( 8 ), for paragraph 6, substitute-
' 6. -(1) Any zero-emission vehicle which is used by an undertaking for the carriage of goods and has a maximum permissible mass, including the mass of any trailer or semi-trailer drawn by it, exceeding 3.5 tonnes but not exceeding 4.25 tonnes.
(2) Any vehicle, not being a zero-emission vehicle to which paragraph 6(1) applies, which-
- (a) is used by an undertaking for the carriage of goods within a 100 kilometre radius from where the undertaking is based,
- (b) is propelled by means of natural or liquefied gas or electricity,
- (c) has a maximum permissible mass, including the mass of any trailer or semi-trailer drawn by it, not exceeding 7.5 tonnes.
(3) For the purposes of this paragraph, 'zero-emission vehicle' means a vehicle without an internal combustion engine, or with an internal combustion engine that has emissions of CO# of zero grams per kilometre.'.
This section updates the list of vehicles exempt from EU-derived drivers' hours and tachograph requirements.
It grants a full exemption to zero-emission goods vehicles up to 4,250kg regardless of the distance traveled.
Other clean-fuel vehicles (gas or electric) up to 7,500kg remain exempt only when operating within a 100km radius of their base.
Review
- -(1) The Secretary of State must from time to time-
- (a) carry out a review of the regulatory provision contained in these Regulations, and
- (b) publish a report setting out the conclusions of the review.
(2) The first report must be published before the end of five years beginning with the date on which these Regulations come into force.
(3) Subsequent reports must be published at intervals not exceeding five years.
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015( 9 ) requires that a report published under this regulation must, in particular-
- (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);
- (b) assess the extent to which those objectives are achieved;
- (c) assess whether those objectives remain appropriate;
- (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(5) In this regulation, 'regulatory provision' has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
This section mandates a periodic review of the regulations to ensure they remain appropriate and achieve their intended goals.
The Secretary of State is required to publish the first review within five years and subsequent reviews at least every five years thereafter.
The review must specifically consider if the objectives could be met with less burdensome regulation.
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