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Q Our company has recently purchased a towing vehicle with an

17th August 1973, Page 49
17th August 1973
Page 49
Page 49, 17th August 1973 — Q Our company has recently purchased a towing vehicle with an
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Which of the following most accurately describes the problem?

unladen weight of approximately 5 tons. Should he driver of this possess an hgv licence?

This point was brought up by one If our maintenance ate who says that when towing, the vehicle in front is .esponsible, therefore an hgv licence is tecessary.

A The licensing of heavy goods vehicle drivers is governed by Part IV of the koad Traffic Act 1972.

Section 112 of the Act states that it s an offence for a person to drive an igv on a road if he is not licensed o do so and that it is also an offence or a person to employ an unlicensed )erson to drive a heavy goods vehicle m a road.

Section 124 defines a heavy goods vehicle as a vehicle which is constructed or adapted for hauling or carrying goods or burden of any description and which is a heavy locomotive, a light locomotive, a motor tractor, a heavy motor car and a motor car so constructed that a partially superimposed trailer can be attached.

Your vehicle will probably fall within one of the last two definitions. The difference between a heavy motor car and motor is the degree of unladen weight. If your vehicle has an unladen weight of over 3 tons it is a heavy motor car and if it has an unladen weight up to that figure it is a motor car.

If it is a heavy motor car then the driver will need a hgv licence.

Exemption for vehicles below 3 tons unladen in certain circumstances is included in the Heavy Goods Vehicles (Drivers' Licences) Regulations 1969 as amended by the Heavy Goods Vehicles (Drivers' Licences) (Amendments) Regulations 1973.

Regulations 28(1) (t) provides for the exemption from hgv licence regulations for a vehicle fitted out with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised, provided it is used solely for dealing with disabled vehicles, is not used for the conveyance of any load other than a disabled vehicle, water, fuel and accumulators, and articles required for its operation as a breakdown vehicle and which has an unladen weight not exceeding 3 tons.

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