Driving illegally? Who knows. As has been mentioned, there are more things to consider than the Max Tow Limit versus MTPLM. But that's not the point. If you don't know you are legal, you can't expect a conscientious copper to know without spending a long time inspecting paperwork, vehicle plates and whisking the vehicles in question off to a weighbridge. And who wants that hassle?
So, while the salesman was over simplifying things, it's far better to be safe than sorry.
The thing is that the salesman is wrong. The only weights that are legally enforceable are:
Maximum axle weights for the car
Maximum allowable mass of the car
Maximum train weight for the car
MTPLM of the trailer
Exceed any of those and you're towing illegally. On another forum, we had a lengthy discussion on this with the ministry being consulted and "forced" to adjudicate. It turns out that the towing limit has no legal status (i.e. break it and you're not guaranteed to be towing unlawfully). However, you will almost certainly invalidate any warranty and a court might consider it evidence of an unsafe vehicle.
That said, those who enforce these laws often don't know the law they're meant to enforce. For example, I once asked several traffic police officers, VOSA, and the DVLA whether I could legally drive under my "grandfather's rights" a combination consisting of a mini-artic tractor of kerbweight about 3 tonnes, MAM just under 5 tonnes, and MTW 8.25 tonnes towing a 5th-wheel caravan with MTPLM of just over 5 tonnes. They all either declined to comment or said that I wasn't licensed for that rig either because it was too heavy or because the MTPLM of the trailer exceeded the kerbweight of the tractor. So I passed up the chance to buy it. Later I found that they didn't know what they were talking about and that rig was within my entitlement. The Motor Vehicles (Driving Licence) (Amendment) (No 2) Regulations 2005 (SI 2005 No. 2717) clarifies things, so the matter should have been clear in the mind of all those professionals a year ago, which is when I asked.
To be honest, it was a very disturbing eye-opener when I uncovered the amount of fudging, disinformation, and lack of honesty (about their not knowing) I received from the authorities concerned. Some of the "advice" I received from DVLA could result in people inadvertently driving without a license or (by implication) insurance. Also, ignorant enforcers could have serious implications for people who are driving perfectly legally but not in accordance with an officer's mistaken belief.
I am in the same boat as the originalposter as my van's max gross weight is 1050 and the car's max tow weight is 1000kg the kerbweight is much higher but for some reason nissan put a 1000kg limit on the car. the van is 820kg unladen and although I havent weighed the van in normal trim on a weighbridge i did weigh all the kit (gas bottles, spare wheel, battery and all olther kit) and I am sitting at just over 900kg. I checked this with a mate who is a senior traffic cop who advised I was perfectly legal, the only thing plod could do is to take me to a weighbridge, as they would for any suspect outfit or put the van on scales
Going by your figures, I agree with Biosdoctor. Not only are you legal, but you are also well within the 85% guideline.
Now you can actually demonstrate to any inquisitive official that you have done your homework, and present them with the figures. It doesn't guarantee that you'll never have to accompany a police officer to a weighbridge, but at least you've tried your very best.
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Topic: Am i towing illegally?
