KNOW T

11th November 1977, Page 136

11th November 1977

Page 136

Page 136, 11th November 1977 — KNOW T

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by Les Oldridge, T.Eng(CEI), MIMI, AMIRTE

The recovery of disabled vehicles 2

rHE DANGER on.motorwayi and trunk roads of fast-moving raffic colliding with stationary vehicles which have been nvolved in accidents, or have broken down, is a very real one.

Wreckers and their crews working at the scene of such incidents ire extremely vulnerable, and everything which can be done to nake both the vehicle and its crew more conspicuous should be lone.

Luminous and reflective paint on the breakdown lorry and special lothing for the crew are helpful, as are the flashing amber lamps lermitted on wreckers. These may be used in connection with, and -1 the immediate vicinity of the accident or breakdown, or while a ,roken-down vehicle is actually being towed.

The light cannot be legally used on the way to the scene of the ?mergency. The lamp must be fitted not less than five feet from the iround and as near as possible to the longitudinal axis of the 'ehicle. The bulb used in the lamp must not exceed 36 watts.

Special lights for illuminating the scene of the accident or reakdown may be fitted to recovery vehicles. Normally no lamp /hich swivels or which shows a white light to the rear is permitted, ut Regulation 65 of the Lighting Regulations permits the use of uch a lamp in the immediate vicinity of a breakdown, provided the mber flashing light, described above, is in use at the same time.

This spot light must be fitted at least five feet from the ground, rid the person using it must ensure that no-one driving a vehicle is azzled by it. It may be used while the vehicle is in motion • in the nmediate vicinity of the accident.

Breakdown vehicles are not subject to the Plating and Testing egulations (Schedule 2 (3) of the Goods Vehicles (Plating and esting) Regulations 1971, but I can find no similar exemption for ght vehicles used as breakdown trucks from the MoT test.

If used under a trade licence (and more about trade licences ter), an operator's licence is not required (Goods Vehicles )perators' Licences) Regulations 1969 Schedule 1 (11)).

The type of driving licence required will depend on the weight of le breakdown lorry used. An hgv driving licence will be required if le "permissible maximum weight" of the vehicle exceeds 7.5 innes (7.38 tons).

Normally, the permissible maximum weight is the plated weight the vehicle, but, as I have already said, breakdown lorries do not ed to be plated, so we have to look further to discover what the rm means when an unplated vehicle is involved.

The Goods Vehicles (Ascertainment of Maximum Gross Weights) egulations 1976 state the unladen weight of a breakdown lorry rust be multiplied by two to obtain its relevant maximum weight. Jhether a Class 1, 2 or 3 hgv driver's licence is required will epend on the number of wheels on the breakdown vehicle: Class 1 )1eight-wheelers, Class 2 for six-wheelers and class 3 for those ith four wheels.

There is a special concession for the holder of a psv driver's 3ence engaged on recovery work Regulation 28(s) of the Heavy Goods Vehicle (Drivers' Licences) egulation 1975 allows the holder of a psv driver's licence, driving vehicle not exceeding 10 tons unladen weight belonging to himself, to deal with the breakdow psv, although he is not the holder hgv driver's licence.

In Wallace v Major (1946) 2 All E it was held that 'a person merely stee broken-down vehicle on tow is not a and, therefore, cannot be charged dangerous driving.

For some time it was thought because of this decision, it wa necessary for a person merely steer towed vehicle to hold a driver's licen In R v MacDonagh (1974) RTR 372, however, the Lord Justice said, referring to the Wallace v Major case: "We respec doubt whether the correct conclusion was reached on the f that case. The court seemed to have regarded the defendant m as a steersman and to have ignored his responsibility for the the brake."

One would think from this later case that where a vehicle is towed by means of a rope or chain, so that the person steering also to apply the brakes, he should hold a driving licence, pre ably to cover that type of vehicle.

The Construction and Use Regulations make a numb concessions for broken-down motor vehicles on tow as follows These concessions must not be regarded as a licence something dangerous. If, for 'example, a broken-down lorry o causes an accident because its air brakes are inoperative, alth no offence of defective brakes would be committed, a prosec for the parts and accessories being in a dangerous conditio even careless driving, might be brought.

Ambulances and tow-boys, those useful appliances for to vehicles without the use of a crane, so that two wheels of the t vehicle are clear from the ground, are specially catered for in and U Regulations.

Called in the Regulations a "towing implement," it is defin a device on wheels designed to enable a motor vehicle to another vehicle by the attachment of the device, so that the t vehicle is secured to, and either rests on or is suspended fro device, So that some but not all of the wheels on which the t vehicle normally runs are raised off the ground.

Regulation 4 (11) states that all the regulations applicab trailers contained in Part II of the Regulations, except regulati (2) and 75 and 118, shall not apply to unladen towing imple providing:.

(i) it is not being drawn during the hours of darkness, and (ii) the vehicle by which it is being drawn is not driven at a s exceeding 20mph.

If a towing implement is used at night, or it is necessary to ex 20mph, the implement should be carried on the breakdown w rather than trailed behind it when travelling to the scene breakdown.

Regulation 8(2), which must be complied with, states that e motor vehicle and trailer must be either a wheeled vehicle or a t laying vehicle.