rho recovery KNOW 1
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if disabled rehicles
by Les Oldridge, T.Eng(CEI), MIMI, AM IRTE I E MOST economical way of running a breakdown service to use the wrecker under a trade licence. The annual cost of ch a licence is £25, compared with over £400 for a breakwn lorry in the locomotive class, the type needed to recover iden artic.
Remembering the low cost of a trade licence, one is not surprised ind that the purposes for which the licence may be used are very ited, but genuine recovery work is a legitimate use of "plates". Trade plates may be issued to a "motor trader" who, according the regulations, is "a manufacturer or repairer of or dealer in chanicallY-propelled vehicles.'" As well as covering the public garage which sells and repairs iicles, this definition includes the fleet operator with a workshop vhich he repairs his own vehicles.
Bus companies, hauliers and any other types of businesses are itled to a trade licence, providing vehicles are repaired by them. lncidentaly, there is a right to request the Secretary of State to review a refusal to grant a trade licence to a motor trader.
To use trade plates on breakdown work, the vehicle used mist comply with the definition of a recovery vehicle in the Excise Act, which reads: "Recovery vehicle means a vehicle on which there is mounted, 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 when so raised, and which is not used for the conveyance of goods other than disabled vehicles raised by that apparatus, and which carries no other load then 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 vehicles to 'Ple used for recovery work with trade plates. The orthodox breakdoWr lorry with a crane for use with a suspended tow clearly falls withih the first part of the regulation.
An ordinary lorry carrying or towing an ambulance or tow boy, described in a previous article, is also a "recovery vehicle" according to the definition. 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 in view of E. Pearson and Sops (Tees-side) Ltd, v Richardson 1972 1 WLR 1152, where it was held that the definition of a recovery vehicle includes not only a vehiee equipped to draw, but also a vehicle equipped to raise a disabled vehicle, and a vehicle equipped to raise but not towing a disabled vehicle comes within the definition.
In Scott v Gutteridge Plant Hire Ltd 1974 RTR 292, it was held 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.
It should be noted that a recovery lorry may only be used in connection with a "disabled vehicle'', and in Robinson v Crew (1977) RTR 141, it was held that disabled vehicles are vehicles which suffer from some disability other than simply having had the rotor arm removed.
Recovery vehicles used under a trade licence may be used: "(1) for proceeding to or returning from a place where assistance is to be, or has been, rendered to a disabled vehicle; (ii) for proceeding to or returning from a place where it is to be, or has been, held available for rendering assistance to a disabled vehicle; (iii) for carrying a disabled vehicle, or for towing such a vehicle (whether with the assistance of a trailer or not), from the place where it has broken down, or from such other place it is subsequently situated to a place for repair or storage or breaking up" (Regulation 35 (1) of the Road Vehicles (Registration and Licensing) Re! lations 1971).
It will be seen that the regulations cover the circumstances which a breakdown lorry is sent to the scene of an incident, but arrival its services are not required. The vehicle being recovei need not be towed back to a workshop for repair. The regulatic permit the use of the "plates" for taking a disabled vehicle ti scrap merchant or to a place for storage.
The carriage of passengers in vehicles used with a trade licenc, restricted by Regulation 40 of the Registration and Licens, Regulations.
There should, however, be no difficulty where recovery won concerned, as the regulations permit the carriage of the driver of breakdown vehicle (who must be the holder of the licence or employee) and any other employee whose "presence in the vehi is necessary for the purpose for which the vehicle is being used.
This, one would think, completely covers the crew of • wrecker. The regulations also permit the carriage of any person i disabled vehicle being towed.
Turning to psvs, they are not, generally speaking, permittec tow trailers, but Regulation 127 of the C and U Regulations pern an empty psv to draw another empty psv "in the case of emergency." As far as I am aware, it has never been decide, recovering a broken down psv is an "emergency", but I am inclir to think it would be.
Regulation 125 of the Motor Vehicle (Construction and L Regulations 1973 forbids the conveyance of passengers in a tra for hire or reward, but makes a special exemption for a trailer wlis either a broken-down motor vehicle, or a trailer carryin, broken-down vehicle, while being drawn in consequence of breakdown, providing the following conditions are fulfilled;
(a) the trailer is not drawn at a speed exceeding 30 mph; (b) where the trailer is, or is carrying, a broken-down motor veh constructed to carry more than seven passengers, exclusive of driver, or where any other broken-down vehicle, carrying more tl eight passengers, is attached to the drawing vehicle by means , rigid draw bar.