Q I have a trade licence as a motor trader
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and I am often asked by a local authority to use my breakdown vehicle to remove abandoned vehicles and take them away for breaking up. While carrying .four of these vehicles on my breakdown truck, I was stopped by the police and told that I was using a vehicle operated under trade plates improperly and I am being prosecuted for this and/or not having an operator's licence. I do not think I was using the vehicle improperly and I do ,not think that I need an operator's licence. What is your opinion?
A It is difficult to see how you have broken the law. Taking the second alleged offence first, Paragraph II of Schedule I of the Goods Vehicle (Operators' Licences) Regulations 1969 exempts vehicles operated under trade plates from the provisions of operators' licensing. However, if you were using the vehicle improperly and it should not have been under trade plates, then you should have been in possession of an 0 licence. Thus, both offences hinge on the first, and if it can be proved that you were using a vehicle with trade plates for a permitted purpose, then no offence has been committed against the 0-licence regulations.
You do not give the reason why it is alleged that you were not using a vehicle under trade plates for a permitted purpose. However, Section 35(4) (e) (iii) of the Road Vehicles (Registration and Licensing) Regulations 1971 allows a recovery vehicle operated under trade plates to carry a disabled vehicle from the place where it has broken down or from such other place where it is subsequently for the time being situated to a place for repair, storage or breaking up.
If it is alleged that you were carrying more than one vehicle when the Regulations stipulate "a disabled vehicle" then this is open to interpretation. Turning to that part of the Regulations which deals with interpretation, Section 3 (3) makes applicable the Interpretation Act 1889 in which it is stated that the singular may be taken as the plural unless the contrary is specifically stated As nothing is stated to the contrary in these Regulations then the term "disabled vehicles" may be read into the text.
Perhaps the contention is that you were not carrying disabled vehicles but scrap metal. This is more difficult to contest for no definition of a disabled vehicle is contained either in the Regulations or the Vehicles (Excise) Act 1971 under which trade licences are issued. However, a parallel can be drawn between the vehicles you carry and those involved in severe accidents which leave them virtually a heap of twisted metal. The latter remain disabled vehicles, however, and are usually removed from the scene of the accident by recovery vehicles under trade plates.
Removal of broken-down vehicles from a council yard is covered by the words "or from such other place where it is subsequently for the time being situated" in Regulation 35 and transport for scrap is allowed for in the words "to a place for ... brea up".
However, an operator was f guilty at Bideford magistrates' recently for similar offences be it was held that the vehicles moved were not disabled r vehicles.
The operator has indicated tt intends to appeal against conviction.