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Trike Law
Original information kindly supplied and used by permission by MAG Corporate members the
Trike Shop UK Last modified 25th August 2005
Trikes and UK Law
This section is a comprehensive idiot's guide to trikes and triking in the UK. If what you want to know about trikes and UK road traffic law isn't here, then it probably isn't worth knowing. There is also a copy of this information on OPEN HOUSE, the National Association for Bikers with a Disability (NABD) website www.nabd.org.uk Please note - Trike Shop (UK) Ltd only build bike trikes we don't touch car engines.
Are There Different Types Of Trike?
Yes, but in a nutshell, there are only two types of trike that you really need to know about, bike engined and car engined. Having said that, it isn't the engine type that finally influences the decision of what type of trike you're going to ride, it's the weight of the trike, and what you are actually licensed to ride; any type of trike can be built or bought to suit disabled needs. These can realistically vary from a humble 250cc bike engined trike, all the way up to a growling, car engined V12 monster.
How Much Does A Trike Cost?
How long is a piece of string? If you're thinking of building a trike yourself, then there really are no price guidelines we can give you; the sky's the limit as they say. If you're going to buy a ready made trike, whether it be bike or car engined, second hand or new, you can be sure to be looking at anywhere between £1,000 and £20,000, depending on how many "trick" or "shiny" bits you want on it, or indeed, the extent of the disabled adaption. The adaption can be anything from a linked brake system, to a trike design where it is possible to board the trike in a wheelchair, and steer the trike from said chair; the possibilities are endless.
I Want To Build A Trike ... What's This MSVA Scheme I've Heard About?
The Motorcycle Single Vehicle Approval scheme is a pre-registration inspection for cars and light goods vehicles that have not been type-approved to British or European standards, including amateur-built vehicles and vehicles using parts from previously registered vehicles; this can include some trikes. The main purpose of the scheme is to ensure that these vehicles have been designed and constructed to acceptable safety and environmental standards before they can be used on public roads. If you're seriously considering building your own trike, a copy of the MSVA manual would be more than helpful to you. Go Here
VOSA (Vehicle & Operator Services Agency)
To find out how to order the manual, read a more in depth explanation of the SVA, and have a look at loads more useful information. Go Here
Is A Trike Classed As A Motorcycle Or A Motorcar?
Now this is where it gets complicated. In this section, we will deal with vehicle classification, driving licence groups, MOT testing classes, and vehicle excise licence. These four different categories, when used in conjunction with each other, help determine what type of trike you've got, or are thinking of buying/building, and indeed, whether you are actually licensed to ride it or not. Please note that you will see several weights and figures which, logically speaking, should be the same in different categories, but they aren't. Don't despair, these figures *are* correct, as we ... er, asked a policeman. We’ll start with vehicle classification :-
Vehicle Classification
A mechanically propelled vehicle that is used, adapted or intended for use on the road, is classified under a series of groups according to its use, weight and design. A trike can be in a number of classifications, and depending on which one it's in, makes for some pretty fundamental differences when applying road traffic law. The groups are as follows ...
1. Invalid carriage - Not exceeding 254 kg - Designed for sole use by the disabled. [1]
2. Motorcycle - Not exceeding 410kg - Not more than three wheels.
Recently, the DVLA have started to split this category for trikes that fall into it. The word "Tricycle", or phrase "3-Wheeled Tricycle" [Doh!], is more likely to appear on your vehicle registration documents, rather than "Bicycle" as has been used in the past. Maybe someone showed them the third wheel, eh?
3.Motorcar - Not exceeding 3050kg - Passenger carrying with no more than 7 seats excluding the driver.
[1] If a trike was built solely for a disabled person, and was adapted as such, it could be classified as an invalid carriage. It would be prohibited from using a motorway, would require only a "K" driving licence group, and would be excluded from road tax if under 10cwt unladen weight.
What your trike is classified as, will denote which driving licence you will require, and what vehicle excise licence your trike will require.
Now, we'll move onto :-
Driving Licence Groups
So, now you've worked out what your trike is classified as, you need to make sure that you are licensed to drive the vehicle. Unfortunately, licence groups don't match vehicle classifications exactly, so here we go ...
1. Motorcycle - New licence holders are limited to 25kw/33bhp for the first two years of their licence, unless they take the large motorcycle test (Direct Access). Less than 410kg unladen weight.
2. Motor vehicle - Not exceeding 3500kg, and not more than 8 seats excluding the driver; basically the "car" group. The entitlement to drive a vehicle not exceeding 7.5tonnes, for those who passed a test prior to 1/1/97, is covered under group "C1".
3. Quadracycle (licence group B1) - 3 or 4 wheel motor vehicles not exceeding 550kg unladen weight, but exceeding 50kmph and 50cc. This is a relatively unknown group that brings the UK more in line with Europe. If these type of vehicles exceed 550kg, they then fall into the motor vehicle group.
If you've passed a full motorcycle test, you will have group "B1" on your licence, although if you haven't passed a car test, you won’t have group "B". This creates a bit of an anomaly as your motorcycle can't exceed 410kg, but you could ride a trike up to 550kg, because of your "B1" entitlement. This is worth knowing, as there are quite a few riders who limit themselves to a trike under 410kg without realising.
Changes to B1 Entitlement.
Before October 2000, a person who passed a motorcycle test was granted a full sub-category B1 licence (lightweight car, motor quadricycle, motor tricycle) as an additional entitlement with the full A (motorcycle) licence.
The Driving Standards Agency, in their 'Safer Motorcycling' consultation, proposed that in future successful motorcycle test candidates would be issued with a provisional rather than a full B1 licence. 49 of the 57 consultees who commented on the issue were in favour of this proposal, including safety, police and training interests.
There were representations against from companies selling lightweight cars, the National Trike Register and MAG UK, suggesting that riders might want to use their licence to ride tricycles. There were suggestions that separate licence categories should be introduced, but changes to motor vehicle licence categories would require a change to EU law.
Ministers decided to implement the proposal, which affected very few motorcyclists as over 90% held a full car licence (which continues to give full sub-category B1 entitlement). Nor did it affect anybody already holding a full motorcycle licence, who retained full B1 entitlement.
The changes were implemented during October 2000. What the above did mean though is that if you didn't have a full car or bike licence before October 2000 and wish to either trike your bike or buy one you will now have to apply for a provisional car licence and if you wish to carry passengers then pass the test. This is very unfair as a car driver with no experience of bikes can get straight onto certain types of trike, with passengers, and ride away. Also if you're forced onto a trike due to a disability or a smash you'll have to apply for a provisional car licence even though you've been riding bikes for years!
You can ride a trike on a provisional car licence, ie. with "L" plates, but you must be 17 ( or 16 if you are getting Disability Living Allowance at the higher rate for the mobility component ) and the trike must have only one seat; the rider's seat. If you do wish to carry passengers, your trike can have extra seats, but you must carry a qualified bike or car licence holder with you at all times; this is also dependant, of course, on which sort of trike your accompanying full licence holder is qualified to ride. Go Here
DVLA (Driver and Vehicle Licensing Agency)
... to find more useful information on driving licences and vehicle registration. Go Here
Confused yet? You will be :-
MOT Testing Classes
Just to make things even more complicated, and having worked out your trike's classification, *and* ensured you are licensed to ride it ... what MOT group is it in? It could make a difference when it comes to MOT time, and you suddenly find out that your local bike workshop isn't entitled to test it. The requirement for an MOT test is the same for all vehicles, including trikes, but excluding HGVs and PSVs.
Class 1 - Motorcycles - With or without sidecars up to 200cc.
Class 2 - All motorcycles, including class l with or without sidecars.
Class 3 - 3 wheeled vehicles, not exceeding more than 450kg unladen weight.
Class 4 - Cars, including motorcaravans, dual purpose vehicles, and goods vehicles not exceeding 3000kg.
If you're wondering why I've included this table, then look again at class 3. Say for example, you've got a trike of between 450kg and 550kg (B1 licence maximum), it will need to be tested at a class 4 MOT centre. So, your trike could be classed as a motorcar, yet you're riding it under a quadracycle licence, but you need to get it tested at a car MOT centre. Got it? Good!
And finally in this section :-
Vehicle Excise Licence
Just to make sure it doesn't get too easy for you, your trike will be taxed under one of three classes. Where as previously your trike would have been taxed as either a PLG vehicle (private light goods), or a motorcycle, a new rate was introduced on 1/6/99, as a concession for smaller engines ...
Part 1 - General rate - (PLG).
Part 1 : Concession - PLG not exceeding 1100cc.
Part 2 - Motorcycles up to 450kg unladen weight.
As with the vehicle registration, the "Tricycle" class has been introduced here too, or rather re-introduced; it's actually existed for years, but hardly been used.
Expect to see "Tricycle" instead of "Bicycle" on your tax disc, if your trike falls into the relevant class.
Spot the anomaly again. Say for example, you've got a trike weighing 420kg, it's not a motorcycle under vehicle classifications, it's a motorcar, but you're riding it under a "B1" (quadracycle) licence. It's tested at a class 3 MOT centre, but it qualifies as a motorcycle for vehicle excise licence.
Vehicle Excise Rates as of 1st April 2005
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Motorcycles TC 17
(not over 450kg unladen)
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Motorcycles
(with or without sidecar)
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12 months rate
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6 months rate
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Not Over 150cc
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15.00
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151cc - 400cc
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30.00
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401 - 600cc
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45.00
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All other motorcycles
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60.00
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33.00
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Tricycles TC50
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Not over 150cc
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15.00
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All Other tricycles
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60.00
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33.00
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Now the important bit - if your “Trike” or whatever name the DVLA and European Directives call your trike - Tricycle - Three Wheeler Tricycle etc, if the trike is over 450kg unladen, or over 150cc it will for taxation classification be classed as a PLG (Private Light Goods). Thus it moves into this taxation class and even this not simple.
If the trike was registered registered on or after 1st March 2001 then the rates of duty for VED are:
Not over 3,500kg
Not over 1549cc: 12 months rate £110.00 6 months rate £60.50
Over 1549cc” 12 months rate £170.00 6 months rate £93.50
If the trike was registered on or after 1st March 2001 it comes under the Private Vehicles rate.
The rate of duty is now calculated by CO2 Emission Figure (g/km). The maxium rate of duty for a petrol engined trike would be:
12 months rate £165.00 6 months rate £90.75
To add to this, a trike is not a trike when according to the European Directive it is over 1000kgs. If you have a “monster” trike of over 1000kg please get in touch with the rate you paid and what this was classified as.
You'll notice that there is no "151cc to 400cc or 401 - 600cc" motorcycle rate of £30.00 or £45.00 for trikes, presumably because not many trikes fall into that rate, but as we all know, there are trikes that exist of that engine capacity.
But if your trike is registered after 1st March 2001 then it could fall into the Private Vehicles rate calculated by CO2 Emission Figure (g/km) which hypothetically with a lower cc engine eg 600cc could fall into the lower Band A giving a rate of:
12 months rate £65.00 6 months rate £35.75
Not quite the £45 for a 600cc motorcycle but at least you can tax your trike for six months.
Rates of duty at DVLA Go Here
So, that's it ... easy, eh? All you have to do now, is work out where your trike comes in all this. The best of British luck to ya!
When Is a Trike not a Trike
As you have seen the DVLA set the rates for Vehicle Excise Duty using rates, weights and emissions.
VOSA (Vehicle & Operator Services Agency)
As explained VOSA operate the Motorcycle Single Vehicle Approval (MSVA) scheme, this is a pre-registration inspection for mopeds, motorcycles, three wheelers (again a different description of a trike) and light quadricycles. The main purpose of the scheme is to ensure that these vehicles have been designed and constructed to modern safety and environmental standards before they can be used on public roads. The scheme entered into force on the 8th August 2003.
MAG was involved with other interested parties in the consultation for the MSVA scheme and we managed to hold back full TUV specifications which lead to the MSVA scheme not being as rigorous as TUV but complying to European Directives.
European Directives which are for type approval requirements, they govern the technical specifications that vehicles must meet in order to lawfully travel on the roads and are not related to the VED categories.
- The definition of a motor tricycle contained within the European Community Type Approval Whole Vehicle Directive (2002/24/EC), the UK Motor Cycles (ECType Approval) Regulations (SI1999/2920) and the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003 (SI 2003/1959) is the same;
- "motor tricycle" means a vehicle with three symmetrically arranged wheels fitted with an engine having a cylinder capacity of more than 50cm3 if of the internal combustion type and/or maximum design speed of more than 45km/h (28mph).
The European Type Approval Directive for masses and dimensions of two and three-wheel motor vehicles (93/93/EEC) lay down specific limits for motor tricycle, these are:
In the Road Traffic Act 1988 (1988 c.52) section 185 interprets the meaning of "motor vehicle" and other expressions relating to vehicles;
- "motor cycle" means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed 410kgs;
- "motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads; and'
- "invalid carriage" means a mechanically propelled vehicle the weight of which unladen does not exceed 254kgs and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from physical defect or disability and is used solely by such a person.
In addition to the interpretations contained within the Road Traffic Act there is one additional definition in the Road Vehicles (Construction and Use) Regulations 1986 (SI1986/1078); i.e.
- "three-wheeled motor cycle" means a motor cycle having three wheels, not including a two-wheeled motorcycle with a sidecar attached.
So when is a trike not a trike? When according to regulations it’s a "motor cycle", a "three-wheeled motor cycle", a “motor tricycle” a vehicle with three symmetrically arranged wheels fitted with an engine having a cylinder capacity of more than 50cm3 if of the internal combustion type and/or maximum design speed of more than 45km/h (28mph).
Or indeed when the DVLA call the Wheelplan a “Tricyle” in the V5C.
The approval using the Directive is literally for the vehicle to be called a ‘trike’ and approved for use on European roads under that title.
As can be seen this is all very confusing and stems from our understanding of what a trike is, flourishing out to various descriptions within directives, regulations and legislation.
Do I Need To Wear A Helmet When Riding A Trike?
In a word, "No", neither for bike engined nor car engined trikes. Helmets are only compulsory for motor bicycles, not motor tricycles. On the other hand, you may wish to wear a helmet, say on a long journey, to protect your head from the weather, flying debris etc, etc; it's up to you. As a word of warning, should you be unfortunate enough to have an accident on your trike, some insurance companies may try to use against you, the fact that you weren't wearing a helmet should you wish to make a claim for damages, especially if you sustained head injuries.
As far as 'the boys in blue' are concerned, do no more than to print this next piece out, and carry it with you. If you get pulled and quizzed about your lack of lid, just show this to them. Do not alter it in any way, as it is an official document and will be recognised as such.
[Print from here]
Motor Cycles (Protective Helmets) Regulations 1988.
Statutory Instrument 1998 No 1807:-
1. Citation and Commencement - Omitted.
2. Revocation - Omitted.
3. Interpretation.
In these Regulations:-
a. EEA state mean a state which is a contracting party to the agreement on the European Economic Area signed 2nd May 1992. b. A reference to a numbered regulation is a reference to the regulation so numbered in these regulations. c. A reference to a numbered paragraph is a reference to the paragraph so numbered in these regulations.
[as to the area of the European economic area see further the editorial note to regulation 3820/85].
Protective headgear
4. - (1) Save as provided in paragraph (2), every person driving or riding (otherwise than in a side-car) on a motor bicycle when on a road shall wear protective headgear.
(2) Nothing in paragraph (1) shall apply to any person driving or riding on a motor bicycle if -
(a) it is a mowing machine; or
(b) it is for the time being propelled by a person on foot.
(3) In this regulation -
"motor bicycle" means a two-wheeled motor cycle, whether or not having a side-car attached, and for the purposes of this definition where the distance measured between the centre of the area of contact with the road surface of any two wheels of a motor cycle is less than 460 millimetres, those wheels shall be counted as one wheel;
"protective headgear" means a helmet which –
(a) either -
(i) bears a marking applied by its manufacturer indicating compliance with the specifications contained in one of the British Standards (whether or not as modified by any amendment) mentioned in Schedule 2 to these Regulations; or
(ii) is of a type manufactured for use by persons on motor cycles which by virtue of its shape, material and construction could reasonably be expected to afford to the wearer a degree of protection from accidental injury similar to or greater than that provided by a helmet of a type prescribed by regulation 5;
(b) if worn with a chin cup attached to or held in position by a strap, is provided with an additional strap (to be fastened under the wearer's jaw) for securing the helmet to the head; and
(c) is securely fastened to the head by means of straps provided for that purpose; and
"strap" includes any fastening device.
[Print ends]
Full Regulations. Go Here
Do I Need Seatbelts Fitted To My Trike?
This is the definitive guide to seatbelt requirements for trikes; except no imitations! This took some serious research, and a few arguments with the Vehicle Inspectorate, but they agree this is totally correct.
Vehicles first used before 1st April 1987.
Seatbelts are required for three wheelers that fall into the following categories:
1. With an unladen weight over 410Kg first used on or after 1 January 1965. 2. With an unladen weight over 255kg if first used on or after 1st September 1970.
EXCEPT!
Less than 410kg unladen equipped with a driving seat of a type that requires the driver to sit astride it and where that vehicle was constructed or assembled by a person not ordinarily engaged in the trade or business of constructing those sort of vehicles.
Requirements
Vehicle first used before 1st April 1981:-
Drivers - A belt that restrains the upper body (but need not include a lapbelt). Forward facing rear seats - no requirement.
Vehicle first used after 31st March 1981:-
Drivers - a 3 point (lap/diagonal) belt. [1] Forward facing rear seats - no requirements.
Vehicles first used after 31st March 1987:-
Seatbelts are not required for trikes that either ...
1. Have an unladen weight of less than 255kg. 2. With an unladen weight of more than 255kg but less than 410kg which are equipped with a drivers seat requiring the driver to sit astride it and where its been constructed or assembled by a person not ordinarily engaged in the trade or business of manufacturing vehicles of that type.
Requirements
Drivers - three point belts Forward facing rear seats ... If not more than 2 rear seats then either:-
1. A 3 point inertia belt for at least one seat.
Or
2. A 3 point belt, lap belt, disabled persons belt or child restraint for each seat.
Vehicles with more than 2 rear seats then either:-
1. A 3 point inertia reel belt on an outboard seat and a 3 point static or inertia reel belt, lap belt, disabled persons belt or child restraint for at one other seat
Or
2. A static 3 point belt for one seat and a disabled persons belt or child restraint for at least one other seat.
Or
3. A 3 point belt, lap belt, disabled persons belt or child restraint for each seat.
[1] A 3 point belt means a seat belt that ...
1. restrains the upper and lower parts of the torso.
2. includes a lap belt.
3. is anchored at not less than three points.
4. is designed for use by an adult.
Kindly reprinted from the original article by Wolf on the NABD website and updated by the Trike Shop (UK) Ltd Although we try to keep this page up to date please check the DVLA Home Page for the latest changes!
Information deemed correct at time of issue 25th August 2005.
Issued by
Trevor Baird
Director Of Public Affairs
The UK's Leading Riders' Rights Organisation
www.mag-uk.org
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