When a tractor becomes a trailer
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Vehicle recovery was under the spotlight last weekend when the Association of Vehicle Recovery Operators held its annual conference and exhibition. Les Oldridge looks behind the scenes and unravels the legal complexities which govern its members' daily business lives
ALL TRAFFIC LAW is complex. The regulations controlling the recovery of disabled vehicles are particularly involved and difficult to understand. My aim in this article is to set out what is required to satisfy the law in a simple easily understood way.
In law, when a vehicle is being towed it is a "trailer", because Section 190 of the Road Traffic Act 1972 defines a trailer as "a vehicle being drawn by a motor vehicle". In one stated case it was even held that an empty poultry shed being towed was "a trailer" so there is no doubt that a broken down vehicle being towed is also one and therefore subject to the law concerning trailers.
The maximum permitted length of a road train, that is a vehicle and trailer of trailers, is 18m. But Regulation 136 of the Motor Vehicle (Construction and Use) Regulations 1978 (the C and U Regs) makes a special exemption to this limit for broken down vehicles being towed, so that the limit may be exceeded.
The number of trailers which may be drawn is limited and depends on the category into which the breakdown lorry falls. Vehicles may be divided into two classes; the carrying vehicles, that is the ordinary lorry which carries its load on its "back"; and the drawing type vehicle, which does not itself carry a load, but draws a trailer or trailers. These two classes, and the number of trailers which each may draw, are detailed below: Drawing vehicles Heavy locomotives over 11.68 tonnes, (11.5 tons), unladen weight, and light locomotives between 7.37 and 11.68 tonnes (7.25 and 11.5 tons) may draw three trailers.
Motor tractors, under 7.25 tons unladen weight may draw one trailer if laden, and two if unladen.
Carrying vehicles Heavy cars and motor cars may draw one trailer only.
An articulated vehicle is considered to be two trailers when it is being towed; the tractive unit is one trailer, and semi-trailer another. However, Regulation 137 (3)(b) of the C and U Regs goes part way in alleviating the problem of towing broken down artics. It states: "An articulated vehicle, when being drawn by another motor vehicle because the articulated vehicle has broken down, shall, if the articulated vehicle is unladen, be treated in relation to the drawing vehicle as a single trailer".
The upshot of this legislation is that: (a) Locomotives may draw broken down artics whether or not they are laden.
(b) Motor tractors, heavy motor cars and motor cars can only draw an artic if it is unladen. The conventional recovery truck, illustrated below, can be classed as a locomotive if it is over 7.25 tons unladen weight and it does not itself carry a load. Vehicles of this type may recover loaded artics. Lighter outfits will fall into the motor tractor class and be restricted as shown in (b) above.
When considering how many trailers may be drawn the "tow boy" or "ambulance" used to tow a vehicle with its front wheels off the ground, and known in the C and U Regs as a "towing implement", is specially catered for by Regulation 137 (2) of the Regulations, which reads: "A motor car or a heavy motor car may draw two trailers on a road in a case where one of the trailers is a towing implement and the other is a vehicle, part of which is secured to, and either rests on, or is suspended from, the towing implement".
Regulation 4 (12) of the C and U Regs states that the Regulations relating to trailers contained in Part II shall not apply "to any towing implement which is being drawn by a motor vehicle while it is not attached to any vehicle except the one drawing it if the following conditions are satisfied — (i) the towing implement is not being so drawn during the hours of darkness, and (ii)the vehicle by which it is being drawn is not driven at a speed exceeding 20 mph".
But this exemption does not apply to all parts of the Regulations. The most important example is the conditions relating to brakes on trailers. These must be complied with in all events.
It would seem that the safest way to travel to breakdowns is with the tow-boy carried on the breakdown truck instead of being trailed behind it, if 20mph is to be exceeded or the journey is made at night.
Air brakes fitted to modern heavy vehicles are inoperative when the engine is not running, so towing these vehicles when they are disabled presents a problem — but not so far as the law is concerned. Under Regulation 75 (4) broken down vehicles being towed in consequence of the breakdown are exempt from the law requiring brakes on trailers. However, a word of warning. Care must be taken to ensure that no danger is caused during a recovery operation.
Regulation 97 requires vehicles to be maintained so as not to cause danger. Although there is no legal requirement for the brakes to be working on a broken down vehicle being towed, it would be an offence to tow if it were dangerous to do
SO.
The question is often asked as to whether a person sitting in a broken down vehicle, steering it while it is being towed, needs a driving licence. In Wallace v Major (1946) 2 All ER 87 it was held that such a person is not a driver, and, therefore, cannot be charged with dangerous driving. For some time it was thought, because of this decision, it was not necessary for a person merely steering a towed vehicle to hold a driver's licence. In a later case, R v MacDonagh (1974) RTH 372, however, the Lord Chief Justice said, referring to the Wallace v Major case: "We respectfully doubt whether the correct conclusion was reached on the facts of this case. The Court seemed to have regarded the defendant merely as a steersman and to have ignored his responsibilities for the use of the brakes".
One would think from this case that where a vehicle is towed by a rope or chain, that the person steering would also have to apply the brakes and should hold an appropriate driving licence.
There is a special concession for the driver of a breakdown lorry with an unladen weight of less than 10 tons (10.16 tonnes) which is owned by the holder of a public service licence. If the driver holds a psv driver's licence he may drive this lorry for recovering a broken down psv even though he does not hold a heavy goods vehicle driver's licence.
Where a broken down vehicle is being drawn by a rope or chain the distance between the two vehicles must not exceed 4.5m (14ft 9in). Where the distance exceeds 1.5m (4ft 11in) the means used for attaching the two vehicles must be made clearly visible, irrespective of whether a rope, chain or rigid drawbar is used. The Regulations do not lay down how this should be done, but a rag tied to the rope or chain or a brightly painted drawbar, perhaps with yellow stripes, should meet the case.
The Goods Vehicles (Operators' Licences) Regulations 1977, Schedule 1(11), give an exemption from the need for an operator's licence for a vehicle used with a trade licence. Paragraph 16 of the same Schedule makes a similar exemption for: "a vehicle fitted with a machine, appliance, apparatus or other contrivance which is a permanent, or essentially permanent fixture, provided that the only goods carried on the vehicle are such as are required for use in connection with the machine, appliance or apparatus or the running of the vehicle." These two exemptions seem to exempt a wide range of vehicles used for recovery work from the need for an operator's licence. Breakdown vehicles are also exempt from the need for plating under Goods Vehicles (Plating and Testing) Regulations 1982, Schedule 2 (3).
The danger on motorways and trunk roads of fast moving traffic colliding with stationary vehicles which have been involved in accidents or which have broken down is a very real one. Recovery vehicles and their craws at the scene of such incidents are extremely vulnerable. Everything should be done to make the vehicles and their crews more conspicuous.
Fluorescent and reflective paint and special clothing are helpful and Regulations 64 of the Road Vehicle Lighting Regulations 1971 allows flashing amber lamps to be used. These lamps must be mounted no lower than 1.2m (just over 3ft lin) from the ground and the flash rate must be between 60 and 240 times per minute. The lamp must only be used either in the immediate vicinity of the breakdown, or while a broken down vehicle is on tow. It must not be used on the way to a breakdown.
Generally, lamps which swivel or show a white light to the rear are forbidden, but Regulation 65 of the Lighting Regulations permit the use of special lamps for illuminating the scene of an accident or breakdown. These lamps must be fitted not less than five feet from the ground and must only be used when the flashing amber lamp described in the previous paragraph is in use. Any person using the lamp must ensure that no other driver is dazzled. The lamp may be moved by swivelling or deflecting while the vehicle is in motion in the immediate vicinity of the scene of the breakdown.
The most economical way of running recovery vehicles is to use them under a trade licence (trade plates). These cost £44 a year, while the excise licence for a vehicle in the "locomotive" class weighing 8.13 tonnes (8 tons), which could be used to recover loaded artics, costs £710. Motor traders are the only people to whom a trade licence may be issued, but this term has a much wider meaning than is usually attributed to it. The definition of "motor trader" includes a "repairer of motor vehicles". A firm which has its own workshop for the maintenance of its own vehicles is quite entitled to a set of "plates".
To carry trade plates on breakdown work a vehicle used must comply with the definition of a recovery vehicle given in Section 16 (8) of the Vehicle (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 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 in connection with, that apparatus or otherwise for dealing with disabled vehicles".
This definition allows several different types of vehicle 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 this def. oition.
An ordinary unladen lorry carrying an ambulance or towboy, or which is towing one of these implements, is also a "recovery vehicle". 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 (Teeside) Ltd v Richardson (1972) 1WL2 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 tow, 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.