Broken-down vehicles: 3
Page 40
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by Les Oldridge, T. Eng (CE I), MIMI, AMIRTE IN ADDITION to the exemptions referred to in the two previous articles on this subject, the Motor Vehicle (Construction and Use) Regulations 1978 make a number of concessions for a broken down motor vehicle on tow. They may be listed as follows: Regulation Exemption.
12 From the need for springs 20 (i) For wheels fit ted with pneumatic tyres to have a rim diameter of not less than 630mm (2ft 2in) 75 (4) (c) From the need for brakes 79(i) From the need for wings 81(4) (b) For an attendant to apply trailer brake if the broken-down vehicle cannot be steered by its own steering gear, ie when on a suspended tow These concessions must not be regarded as a licence to do something dangerous. If, for example, a broken down lorry on tow causes an accident because its air brakes are inoperative, although no offence of defective brakes would be 'committed, a prosecution for vehicle parts and accessories being in a dangerous condition, or even careless driving might be brought.
Ambulances and tow-boys, those useful appliances for towing a vehicle with the front wheels off the ground without using a crane, are specially catered for in the C and U Regulations, A tow-boy is called a "towing implement"' in the regulations. It is defined as a device on wheels designed to enable a motor vehicle to draw another vehicle by the attachment of the device, so that the towed vehicle is secured to, and either rests on or is suspended from the device, so that some but not all of the wheels on which the vehicle normally runs are raised from the ground.
Regulation 4 (12) states that all the regulations applicable to trailers contained in Part It of the Regulations, except paragraph (2) of Regulation 8 and Regulations 81 and 126, shall not apply to towing implements provided: (i) the towing implement is not being drawn during the hours of darkness; and (ii) the vehicle by which it is being drawn is not driven at a speed exceeding 20mph If a towing implement is used at night or it is necessary to exceed 20mph then the implement should be carried on the breakdown lorry rather than trailed behind it when travelling to the scene of a breakdown. Regulations 8, 81 and 126 which have to be complied with relate to the tow-boy being a wheeled or tracked vehicle, to the use of a trailer plate and to being able to apply the brakes on a trailer.
The most economical way of operating a breakdown service is to use the recovery vehicle under a trade licence. The annual cost of such a licence is £25 compared with £415 for a light locomotive licence between 71/4 and 8 tons unladen weight, the type of vehicle necessary for recovering a laden a rtic.
Because a trade licence is so cheap there are, not surprisingly, severe limitations on the purposes for which it may be used, but the recovery of disabled vehicles is one of the uses which is permitted.
Motor traders are the only persons to whom a trade licence may be issued, but this term has a much wider meaning than that usually attributed to it. The definition of -motor trader" includes a "repairer of motor vehicles'', and a firm which has its own workshop for the maintenance of its own vehicles is quite entitled to a set of 'plates''.
To use trade plates on breakdown work the vehicle used must comply with the definition of a recovery vehicle given in Section 16(8) of the Excise Act,
1971, which reads: " 'Recovery vehicle' means a vehicle on which there is mounted, or which is drawing, or which is carrying as part of its equipment, apparatus designed for raising a disabled vehicle wholly or partly from the ground or for drawing a disabled vehicle when so raised, and which is not used for the conveyance of goods other than a disabled vehicle wholly raised by that apparatus, and which carries no other load than articles required for the operation of, or is connection with, that apparatus or otherwise for dealing with disabled vehicles,
This definition allows several different types of vehicles to be used for recovery work with trade plates. The orthodox breakdown lorry with a crane for use with a suspended tow clearly falls within the first part of the regulation.
An ordinary lorry, which is unladen except that it is carrying an ambulance or tow-boy, or which is towing one of these implements is also a "recovery vehicle" according to the Regulations. A truck carrying jacks and a drawbar could, it
would seem, also be classed as "carrying as part of its equipment apparatus designed for raising a vehicle from the ground-.
This view is taken particularly because of E. Pearson and
Sons (Teesside) Ltd v Richard
son (1972) 1WLR 1152, where it was held that the definition of
a recovery vehicle includes not only a vehicle equipped to draw, but also a vehicle equipped to raise a disabled vehicle and a vehicle equipped to raise but not towing a disabled vehicle comes within this definition.
In Scott v Gutteridge Plant Hire Ltd 1974 RTR 141 it was
held that the breakdown vehicle or the apparatus on it must raise the disabled vehicle. It is not a recovery vehicle if the disabled vehicle climbs on to a low-loader under its own power. A lorry fitted with a winch behind the cab, which is used to haul disabled vehicles up a ramp on to the platform of the lorry for transportation, would make the lorry come within the definition of a recovery vehicle.
To summarise, the following vehicles fall within the definition of a recovery vehicle with which trade plates may be used: 1, The orthodox breakdown lorry with a crane to allow a "'suspended tow type of recovery;
2, A truck carrying an -ambulance" or "tow-boy";
3, A truck towing an ambulancr or a tow-boy; 4, A truck carrying jacks, draw bar and/or a tow rope;
5, Truck with winch for haulinr. disabled vehicles up a ramp a the rear so that they can b( carried on the platform of th( lorry.
In all cases no load other thar equipment to be used on thi breakdown can be carried.
More about breakdown worl in the next article.