UK – Enabling road use of hydrogen powered non-road mobile machinery
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.
READ the latest news shaping the hydrogen market at Hydrogen Central
UK – Enabling road use of hydrogen powered non-road mobile machinery, source
