Proposal A: A requirement for agricultural machinery to be fitted with immobilisers, forensically marked, and registered on a database. A requirement for removable GPS trackers to be forensically marked and registered on a database
This legislation was initially intended to apply to ATVs, including quad bikes, due to the large-scale thefts of these vehicles. The term ATV includes quad bikes, Utility Task Vehicles (UTVs), ‘side-by-sides’ and buggies. This legislation will not apply to other types of light vehicle such as golf buggies or mobility scooters.
The legal definition for an ATV for the purposes of this legislation can be found at Clause 2(a) of the Bill and is as follows:
2(a) mechanically propelled vehicles that—
(i) are designed or adapted primarily for use other than on a road,
(ii) have an engine capacity of at least 250 cubic centimetres or
two kilowatts, and
(iii) travel on more than two wheels or on tracks.
The Bill provides a power for the Home Secretary to extend the provisions to other equipment designed or adapted primarily for use in agricultural or commercial activities. Having heard the debates in Parliament and discussions from police and the agricultural sector, the Minister for Crime, Policing and Fire, Rt Hon Chris Philp MP stated his intention to include larger agricultural equipment and high-value tradespeople’s tools.
The legislation will need to include a definition of agricultural equipment. The types of equipment that are being stolen are tractors, excavators, mini dumpers, road rollers and woodchippers.
We want to ensure the definition used in the legislation covers the relevant equipment without being so broad that it unintentionally captures equipment that does not need to be protected. We recognise there is an overlap between equipment used in the agricultural, construction and land management industries. It is proposed for the following definition of agricultural machinery to be covered by the legislation: “Mechanically propelled machinery designed or adapted primarily for use in agricultural activities; designed or adapted primarily for use other than on a road”
GPS units used on agricultural machinery are particularly vulnerable to theft. We propose there should be an additional requirement for forensic marking and database registration of GPS units used in agriculture. The requirements would only apply to GPS units that are easily removable. In some cases, the GPS might be integrated into the vehicle by the manufacturer and be very difficult to remove so would be unlikely to require any forensic marking.
1. Is there any further detail that needs to be added to the legal definition of an ATV as described above and at Clause 2(a) of the Bill, to avoid capturing vehicles that are not intended to be covered by this legislation?
2. What are the fundamental features of an ATV that distinguish it from other types of vehicles?
3. “Mechanically propelled machinery designed or adapted primarily for use in agricultural activities; designed or adapted primarily for use other than on a road” will be required to be fitted with an immobiliser, forensically marked and registered on a database.
Does this definition capture the machinery we aim to protect, without inadvertently capturing machinery it would not be appropriate to include?
4. Does the definition need to specify any exemptions? For example, are there any vehicles or equipment that would meet the definition but that are not vulnerable to theft and therefore do not need to be covered?
5. Should the definition of machinery also include a Recommended Retail Price threshold, above which the legislation will apply?
6. Are you in favour of a requirement for Global Positioning Systems (GPS) used on agricultural machinery to be forensically marked and registered on a database?