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What does tower wagon mean ?
Page 58
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by Les Oldridge,
TEng (CEO, MIMI, AM1RTE
An interesting case concerning a tower wagon was heard before the Queen's Bench Division in November of last year. The case was first heard before the Dewsbury magistrates when the appellant, Anderson and Heeley Ltd, was dharged with using a goods vehicle without an operator's licence contrary to Section 60 (1) of the Transport Act, 1968; and without a current test certificate contrary to Section 46 (2) of the Road Traffic Act 1972. The company was convicted on both counts. The firm carries on business as a street lighting contractor and at the time of the offence was using a modified Bedford van, the unladen weight of which was 3 tons 12cwt. It had altered the construction of the vehicle by removing the body and fitting a '°1-liab loader" immediately behind the cab. Between the Hiab loader and the rear of the vehicle a low platform had been constructed.
At the time of the offence the platform carried a concrete lighting pillar and various tools, and a cement mixing machine was being towed. The Hiab loader was used in particular for lifting lamp standards on and off the vehicle; for lifting lamp standards into position and holding them upright until the concrete round the base had set sufficiently; and for raising and lowering personnel by means of a basket attachment.
The owner of the vehicle contended that it was a " tower wagon" and in consequence was exempt by Schedule I of the Goods Vehicle (Operator's Licence) Regulations 1969, from the need for an operator's licence, and by regulation 4 (2) of the Goods Vehicle (Plating and Testing) Regulations 1971 from the need of a test certificate.
Tower wagons are not defined in the 1968 Transport Act or in the Regulations made under the Att. However, in the Vehicles (Excise) Act 1971 a tower wagon is defined as a "goods vehicle-(a) into which there is built, as part of the vehicle, any expanding or extensible contrivance designed for facilitating the erection, inspection, repair or maintenance of overhead structures, or equipment; and (b) which is neither constructed or adapted for use nor used for the conveyance of any Toad, except such a contrivance and articles used in connection therewith."
For the second charge, ie, no
test certificate, it was held that concrete pillars, to be erected as lamp standards, by no stretch of the imagination could be regarded as articles used in connection with the Hiab loader, and the appeal was dismissed. In regard to the charge of no 0 licence, the judge said: 'What is the ordinary popular meaning attributed to the descriptive phrase tower wagon '? It seems to me it must be a mobile tower enabling overhead work to be done in such places as it falls to be executed. Moreover, this must 'be its sole function. If, for example, its construction is such as to make it usable for the carriage of general goods, it is not merely a tower wagon but something more taran and different from a tower wagon." The judge held that the vehicle in question was a goods vehicle with an extensible contrivance incorporated in its construction, particularly as at the material time it was carrying a concrete pillar. The appeal on this count also failed.
Hazard lights
Some weeks ago when I was writing about direction indicators used as hazard warning lights, that is when all four indicator lamps flash on a stationary vehicle to warn approaching traffic of the obstruction the vehicle is causing, I commented that they were often misused as they could legally be used only in some emergencies. The law on this subject has been altered by the Road Vehicles Lighting (Amendment) Regulations 1975 (SI 1975 No 239) which came into force on March 25, 1975. The new law now allows the use of four-way flashers when a vehicle is stationary on a road for the purpose of warning other road users that the vehicle is causing a temporary obstruction.