Substitution of Vehicle Under Schedules 5 and 9 (STGO 2003)

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The STGO specifically allows substitution only in certain circumstances, and only if the correct procedure is followed.

The relevant legal text is in Schedule 5, paragraph 7(2) (the same legal text appears in Schedule 9 , paragraph 5(2)):

“Where it is found impracticable to use any vehicle specified in a notice… a vehicle of a similar type may be substituted if notice of the substitution is given to every person to whom the earlier notice was given.”

What This Means in Practice

  1. You are allowed to substitute a vehicle

But:

  • It must be of a similar type (e.g., share the same characteristics as the original vehicle (i.e. number of axles, weights etc.).
  • The substitution must be because it is impracticable to use the originally notified vehicle.

“Impracticable” normally means:

  • Mechanical failure
  • Vehicle becomes unavailable
  • Safety concerns discovered
  • Operational necessity

(Not simple convenience.)

  1. You MUST re-notify all authorities

You must notify every force/ authority that received the original Schedule 5/9 notice:

All affected police forces

And if applicable:

  • Road authorities (Schedule 9)
  • Bridge authorities (Schedule 9)

The same recipients must receive the substitution notice.

  1. What must the substitution notice contain?

It must be the Registration of the substituted vehicle.

  1. You CANNOT simply turn up with a different vehicle

If the vehicle changes and no substitution notice is given, the operator is in breach of STGO authorisation requirements.

This may result in:

  • Movement being unlawful
  • Invalid indemnity to road/bridge authorities
  • Potential enforcement (DVSA, police)
  • Possible liability if an incident occurs
  1. You do NOT need to re-issue with full 2 day notice

There is no requirement to provide the full statutory notice period again.

The law only requires:

“…notice of the substitution”

The STGO does not require you to resend the entire earlier notice or issue a formal “variation notice” when substituting a vehicle.

Nothing in Schedule 5 or 9 requires re-submission of the original notification.

The legislation only requires one thing:

From Schedule 5, paragraph 7 or Schedule 9 paragraph 5:

“…a vehicle of a similar type may be substituted if notice of the substitution is given to every person to whom the earlier notice was given.”

This means:

  • All you must do is notify all the original recipients of the change of vehicle.
  • You do not need to resend the original notice.
  • You do not need to issue a formal revised or replacement notice.
  • You only need to provide the updated vehicle details (i.e the substituted vehicle registration number).
  • This presumes the substitute vehicle shares the same characteristics as the original vehicle (i.e. number of axles, weights etc).

Why a simple substitution notice is sufficient

Schedules 5 and 9 set out what must be in a notice (para 4), and how substitutions work (paras 7/ 5).

Paragraphs 7 and 5 contains no requirement for:

  • A new complete notice
  • A “variation”
  • A re‑notification of route, times, or load
  • A fresh 2‑day notice period

The only obligation is to inform the same parties that a different vehicle is being used.

Summary

Yes, you can substitute a vehicle, but only if:

  • It is impracticable to use the original vehicle.
  • The substitute is of ‘similar type’.
  • You must notify all the same police forces (and authorities).
  • You do not need another 2‑day notice period.
  • Police should accept the change immediately.

Police cannot legally demand 2 clear days’ notice for a substitution, because the law does not require it.

Application

The primary aim of this procedure is to facilitate substitution of a Part 2 vehicle-combination (i.e. the procedure is not applicable to mobile cranes).

In their Abnormal Load Guidance 2025,  the National Police Chief’s Council (NPCC) takes a pragmatic view and supports the listing of alternative substitute vehicles in the Notification to avoid the need for notice of substitution: –

“The minimum contents of a notice of intended movement are set out in the C&U Regulations and the STGO. These include the registration number of the motor vehicle to be used. Forces should consider allowing operators to specify a small number of substitute vehicles (maximum of 5) on a notification which share the same characteristics as the original vehicle (i.e. number of axles, weights etc.). This will mitigate against short notice submissions being made for operational reasons.”

However the guidance is non binding and each Force remains at liberty to adopt their own unique approach.

It should be recognised that the views expressed are solely those of the author, and the matter has not yet been subjected to ‘high level’ judicial scrutiny. ‘Similar type’ is not defined  but it is presumed that provided the substituted vehicle does not alter any of the other details specified in the original notification then such substitution is permissible under STGO Schedules 5 and 9. The substituted vehicle will invariably be the motor vehicle as this bears the registration mark as its distinguishing feature. NPCC guidance invites  Police Forces to adopt a pragmatic and accommodating approach.