Q We use a 35cov 1 Bedford van fitted with a towing
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attachment as a recovery Peld,cle and just carry tools, jacks, towing untbulance, nylon rope and so on no crane is fitted. The vehicle is operated under trade plates.
We have been told by different policemen that our vehicle must be taxed because there is no mounted crane, that the vehicle can be used on trade plates without a fitted crane provided the vehicle being towed is taxed, that the van can be used as it is on trade plates provided the vehicle recovered is going to be repaired )r for DoE test but not if it is going to be broken up.
Could you please tell us what is the correct interpretation of the law regarding vcovery vehicles on trade plates?
AThe issue of trade plates is governed by Section 16 of the Vehicles Excise Act 1971, Paragraph 1 subsection (1) states riefly that a trade licence can be obtained )3, a motor trader for all mechanically ropelled vehicles which are from time to ime temporarily in his possession and all .ecovery vehicles kept by him for dealing vith disabled vehicles in the course of hat business.
A subsequent paragraph states that the tolder of a trade licence shall not be ;ntitled to use more than one mechanically ropelled vehicle at one time under the ;ame licence except in the case of a ecovery vehicle drawing a disabled vehicle.
Subsection (8) defines a recovery vehicle is "a vehicle on which there is mounted r which is drawing or which is carrying is part of its equipment apparatus designed 'or raising a disabled vehicle wholly or )artly from the ground or for drawing disabled vehicle when so raised and vhich is not used for the conveyance if goods other than a disabled vehicle vholly raised by that apparatus and which :arries no other load than articles required or the operation of, or in connection vith, that apparatus or otherwise dealing vith disabled vehicles".
Therefore, provided a vehicle is carrying s part of its equipment "apparatus designed raising a disabled vehicle" — such s a pair of jacks (though this has been isputed) — or for "drawing a disabled ehicle when so raised" — such as a towing ambulance — it is a recovery vehicle in accordance with the definition contained in subsection (8). It can therefore be operated on trade plates.
Moreover, the paragraph which contains exemption for the recovery vehicle from the restriction for using more than one vehicle on the licence at any one time implies that the vehicle being drawn may be used on the trade licence carried by the recovery vehicle.
Subsection (16) (1) states that the motor trader is issued with such a licence in order to "deal with disabled vehicles in the course of his business". ii does not stipulate that the vehicle should be repaired or taken for a DoE test but not taken away for breaking up.