Closed consultation

Enabling road use of hydrogen-powered non-road mobile machinery

Published 27 March 2024

Introduction

Non-road mobile machinery (NRMM) is a broad category that includes vehicles such as, but not limited to, diggers, mobile cranes and other construction machinery.

NRMM manufacturers have identified hydrogen as a potential means of decarbonising parts of the NRMM sector where battery electric power is not practical.

Several manufacturers have prototype hydrogen combustion engines in development for trials and testing and some have complete machinery, installed with hydrogen engines, being used on the road on certain specific routes in the UK. 

Hydrogen-powered NRMM cannot currently be used on public roads without an exemption, known as a vehicle special order (VSO). Manufacturers have, therefore, highlighted this as a barrier to the wider uptake of low emission and zero emission NRMM. 

We are seeking to address this regulatory barrier to allow the road use of hydrogen-fuelled NRMM. In this consultation, we are seeking your views on our approach to achieving this.  

Current regulations

For a vehicle to be used on the road in Great Britain it must comply with the Road Vehicles (Construction and Use) Regulations 1986 (referred to as ‘C&U’). These regulations primarily relate to conventional road vehicles, but also apply to some machinery, even in cases where the road use is minimal. For example, driving between farmers’ fields or construction sites. Examples include engineering plants and works trucks, which typically fall under the broad category of NRMM. 

Regulation 94 of C&U specifies safety requirements for the use of gas propulsion systems in vehicles. In 2017, regulation 94 of C&U was amended to permit hydrogen cars, vans, buses and trucks to be used on the road, provided they were approved for such use in accordance with the Road Vehicles (Approval) Regulations 2009. This involves a process called type approval, which includes an assessment of components critical to ensuring hydrogen safety.

NRMM is not within the scope of the Road Vehicles (Approval) Regulations 2009 and it is, therefore, not possible to gain approval of this machinery in accordance with those requirements. Regulation 94 of C&U, therefore, in practice, places a prohibition on the use of hydrogen-fuelled NRMM on the road because the necessary approvals cannot be obtained. It is this aspect that we are seeking to address within an amendment.  

Machinery in scope of the amendment

Following initial engagement with machinery manufacturers, it has been highlighted that, in addition to NRMM, some types of agricultural motor vehicles, such as tractors (those approved under Regulation (EU) 167/2013), may also in future operate on hydrogen. As regulation 94 of C&U also presents a barrier to road use of hydrogen-powered tractors, we propose to address this within the amendment.

The scope of the amendment to regulations we are proposing is, therefore, for machinery fuelled by hydrogen, capable of being driven on the road (and meeting other relevant requirements of C&U), which are not already in scope of the following approval frameworks:

• Regulation (EU) No 168/2013
• Regulation (EU) No 2018/858

In practice, we believe this can be achieved through reference to the following categories in C&U: 

• engineering plant
• works trucks
• agricultural motor vehicle

We wish to restrict the scope of the amendment to machinery originally designed to run on hydrogen. There is a chance that diesel or petrol NRMM could be converted to operate on hydrogen after being placed on the market and entering into service.

As these would not be covered by the safety requirements outlined in Ensuring hydrogen safety, there is perceived to be a safety risk of these conversions, particularly if conducted by an amateur.

We, therefore, want to prevent the risk of unsafe retrofits of NRMM. This approach is consistent with Regulation 94 of C&U for cars, buses, vans and trucks, which also prevents retrofitting to operate on hydrogen.

Ensuring hydrogen safety

We propose to mandate compliance to elements of UN Regulation 134 – specifically part I, part II and part III (paragraph 7.1 only) – the UN hydrogen safety regulations for road vehicles.

By applying these requirements for both road-going NRMM and for agricultural vehicles, this will allow a clear and consistent approach that mitigates against the key risks posed by operation of hydrogen-fueled vehicles on the road.

The use of these internationally harmonised standards should also more easily facilitate the application of hydrogen technologies developed for on-road vehicles into NRMM and agricultural vehicles using already approved components.

How to respond

The questions we are asking are listed in the following section of this document. You can respond to them via email or post.

See the ways to respond section of the GOV.UK home page for this consultation for details.

The consultation will run from 27 March 2024 until 24 April 2024. Please ensure that your response reaches us before the closing date.

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, make it clear who the organisation represents and, where applicable, how the views of members were assembled.

Full list of questions

Do you agree with enabling the road use of hydrogen-powered NRMM and agricultural vehicles?

Do you agree in limiting the amendment to allow only new machinery powered by hydrogen?

Should we consider options to enable the safe retrofit of NRMM and agricultural vehicles to operate on hydrogen in future?

Do you agree with our approach to ensuring hydrogen safety is sufficiently covered in this amendment?

Do you agree with the proposed categories of vehicles (as defined in C&U) which will be the subject of the amendment?

Are there other gaseous fuels that we should be seeking to enable road use of for NRMM and agricultural vehicles?

What will happen next

We aim to publish a summary of responses, including the next steps, within 3 months of the consultation closing. Paper copies will be available on request.

If you have questions about this consultation, contact:

International Vehicle Standards
1st Floor, Zone 4
Great Minster House
33 Horseferry Rd
London SW1P 4DR

Alternatively, email ivs.consult@dft.gov.uk.

List of representative bodies consulted

VCA (Vehicle Certification Agency)

Society for Motor Manufacturers and Traders (SMMT)

Construction Equipment Association (CEA)

Agricultural Engineers Association (AEA)

UK Material Handling Association (UKMHA, formally BITA)

Association of Manufacturers and suppliers of Power generating Systems (AMPS)

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.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the department.

Data protection 

The Department for Transport (DfT) is carrying out this consultation to decide whether to allow hydrogen-powered NRMM on British roads.

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, including the email address itself, 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, email address and organisation. 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 but if you do we will only use it only for the purpose of asking 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.

DfT’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the Data Protection Officer. 

Your information will be kept securely and destroyed within 12 months after the consultation has been completed.

Consultation principles

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

If you have any general comments about the consultation process, contact:

Consultation Co-ordinator
Department for Transport
Zone 1/29 Great Minster House
London SW1P 4DR

Email consultation@dft.gov.uk.