A. I believe that any vehicle which is registered with the DVLA and marked as such on the V5 document as a motorhome is covered by these grey area laws.
It is important to distinquish between DVLA and DVSA/VOSA. They do not talk to each other either verbally or electronically (why there needs to be two different departments that should be interlinked but are not I don't know).
When I tried to get a new DVSA Inspection (i.e. HGV 'MOT') on my 4.6t Van, I was not able to do so at the DVSA Inspectorate as it had no HGV plate. They had no record of the vehicle on their system despite it being registered quite legally as an Private HGV with the DVLA on the V5C with the classification of Panel Van/Windows.
In the end I just went to a commercial MOT Station (regular ones didn't have suitable lift) and got the vehicle MOTed as a Motor Caravan, despite the fact it was NOT a Motor Caravan on the V5C of course.
....
B. I very much doubt if any
insurance company currently knows of this problem, but I wouldn't mind betting that if any motorhome which was carrying a scooter for example in the garage and that vehicle was involved in a major RTA where the VOSA was called to inspect the vehicle and immediately ruled that it was incorrectly detailed on the V5 etc., then if this was the case, no doubt the
insurance company could well call the policy into question!
Ref this point:
What is detailed on the V5C in terms of Vehicle Type does not always match the use of the vehicle, and it is more relevant that the
Insurance matches against the vehicle usage and not the V5C.
I gave an example previously where I had Campervan
insurance on my VW T5 Shuttle - this was an MPV and not a Motor Caravan and I kept it that way with the full knowledge and agreement of the
Insurance Broker and Underwriter.
Other very common example that most self-builders will have experienced is having a Campervan policy on a van that is still classified as a Panel Van or similar whist they are converting it. That could be regarded as incorrect in terms of type vs use.
My own current van went from a Minibus to a Panel Van/Windows to a Motor Caravan all within the space of a single
Insurance period, and also from a PLG to a PHGV in the same time scale, with the full knowledge of the
Insurance Company and no changes to the policy made.
One problem with the "Living Van" thing is I don't think there is a vehicle classification of "Living Van" either, so it would not be possible to reclassify to that AFAIK.
So there are three factors I think....
What insurance do you have. This does NOT automatically have to match against the vehicle class on the V5C as described above, but must match the USE of the vehicle. For example, I have cover for Commuting on my Motor Caravan as a precaution, despite a Motor Caravan being regarded as a Recreational Vehicle.
What MOT you have. Surprisingly, when a MOT is carried out, it is carried out with regards to what the vehicle most
LOOKS like when it is presented, and NOT what is on the V5C. The testers NEVER refer to the Registration Document before carrying out a test. Hence why my 4.6t Panel Van had a Class IV MOT carried out, because that is what it looked like inside. (and the DVSA Tester that I asked to look at it after he couldn't do the HGV test said the same, and he used to inspect Motor Caravan conversions)
What Use you are putting the vehicle to. This is the awkward one and can change all sorts of things. As I mentioned on a previous reply, if you take these rules to their literal meaning, you go to a Car Boot sale with a load of junk out the loft to sell, not only do you have to go slower than before, but you are also driving a good vehicle (
https://www.gov.uk/speed-limits). Would that void the
insurance? Probably not as even though you have goods for sale strictly speaking, it would be regarded as a domestic activity I would imagine. But ... the speed limit part IS enforcable I bet.
So some of this is a bit off-topic, but there seems to a lot of scare-mongering about
insurance being voided. As always, it is important to be up-front with your
Insurance company about your vehicle useage. As long as that is done and they know you carry cycles inside, or a scooter or whatever, then they would have no reason to say the policy is void (you would not need to actually insure the bikes if insured elsewhere. it is not what is covered that it is important, it is the vehicle use that is the key).
NOTE: The above is based on my own opinion, research and experiences. It should be not be construed as any kind of legal advice.
