C2 We are being prosecuted for misuse of trade plates. We
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bought a vehicle and two trailers from an auction and, because one of the trailers was unroadworthy, we carried it on the other trailer, the whole vehicle was carrying trade plates. The vehicle was bought as a recovery vehicle and was carrying a hydraulic jack and a tow bar.
The prosecution is on the grounds that "the vehicle was carrying a load in the fonm. of a trailer and that the carrying of burden on trade plates is prohibited, that the trailer being carried was not a mechanically propelled vehicle and was not being carried by a recovery vehicle and neither was 'the carrying vehicle a recovery vehicle as defined."
We do not think we were guilty of an offence and would appreciate your comments.
Alt is laid down in the Vehicles (Excise) Act 1971, Section 16 (I) (i), that a motor trader may be granted trade plates for all mechanically propelled vehicles which are from time to time within his possession and all recovery vehicles kept by him for the purposes of dealing with disabled vehicles.
Note that it states for dealing with "disabled vehicles" and not "disabled mechanical vehiclesThus trailers would
be included in the category of vehicles with which he would be allowed to deal.
In subsection (8) of this section, a "recovery vehicle" is described as "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 when 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."'
The phrase "which is not used for the conveyance of goods other than a disabled vehicle wholly raised by that apparatus" suggests that a recovery vehicle can carry a disabled vehicle_ You can adjudicate for yourself as to whether your vehicle fulfilled the description of a recovery vehicle given. But as it was equipped. with a hydraulic jack and tow bar it seems to us that it does.
It must be emphasised that the crux of the matter is whether your vehicle can be classified as a "recovery vehicle". If you can substantiate your claim that it can be so classified then the prosecution cannot succeed.