Recovery World / Traffic Law

A big thank you to Hughes Guides Limited for the information supplied on this page.

As always we have done our best to ensure the accuracy of the information provided however it is not offered as an exhaustive statement of law. Our opinion is not offered as professional legal advice and is subject to a different interpretation by the courts. Hughes Guides Limited excludes all liability for actions taken, or not taken, in reliance on material below.

In relation to a vehicle with a gross plated weight not exceeding 3500kg
note - this answer does not relate to larger vehicles as different regulations will apply.

MoT Testing
Regulations - ROAD TRAFFIC ACT 1988 PART II
Requirement Section 47 - Obligatory test certificates
Penalty - level 3 fine (up to £1000)
Exemptions - Regulation 6 Motor Vehicles (Tests) Regulations 1981 - no exemption for break-down vehicles not exceeding 3500 kg gross.

An MoT (not a goods vehicle test certificate) is required on vehicles over 3 years old - there is no exemption for break-down vehicles which do not exceed 3500 kg gross.

Plating
Regulations - ROAD TRAFFIC ACT 1988 PART II
Requirement - Section 53 - Obligatory goods vehicle plating and test certificates
Penalty - level 3 fine (up to £1000)
Application - Regulation 4 - Goods Vehicles (Plating and Testing) Regulations 1988 - Heavy motor cars and motor vehicles which exceed 3500 kg design gross weight

A Plating Certificate will not be required as the vehicle does not exceed 3500 kg gross

Tax
Regulations - Vehicle Excise and Registration Act 1994
Requirement (Section 1, Schedule 1) - Light Goods or Private light goods (depending on date of registration)
Penalty - up to 5 times annual rate of duty + fixed penalty for fail to display tax disc - automatic penalty for failure to renew.
Exemptions - n/a - reduced rates for recovery vehicles are only applicable to vehicles over 3500 kg gross

Tax is required.

Insurance
Regulations - Road Traffic Act 1988
Requirement - Section 143 Users of motor vehicles to be insured or secured against third-party risks
Penalty - level 5 fine (up to £5000), 6 to 8 points, disqualification
Exemptions - n/a

Insurance is required.

Operator Licencing
Regulations - Goods Vehicles (Licensing of Operators) Act 1995
Requirement - Section 2
Application - Goods vehicles or goods vehicle combinations whose gross plated weight exceeds 3.5 tonnes (exclude trailers which do not exceed 1020 kgs unladen).
Exemptions - Schedule 3 The Goods Vehicles (Licensing of Operators) Regulations 1995 - A recovery vehicle.

If the vehicle or vehicle + any trailer towed does not exceed 3500kg gross then no operator licence is required. If a trailer is towed you can discount the trailer in the calculation providing it does not exceed 1020kg unladen weight.
If the combination exceeds that amount then the vehicle may still be exempt providing it falls within the definition of a recovery vehicle - ie only disabled vehicles or vehicles removed on behalf of the police or local authority (and in any case no more than 2 such vehicles) are carried.

Tachographs / Drivers Hours
Regulations - Transport Act 1968 / EC Regulation 3820/85 / Horizontal Amending Directive
Requirement - Section 96 / Article 4
Penalty - level 4 fine (up to £2500)
Exemptions
- vehicles used for the carriage of goods where the maximum permissible weight of the vehicle, including any trailer or semi-trailer, does not exceed 3.5 tonnes;
- specialised breakdown vehicles whose construction fitments or other permanent characteristics are such that they will be used mainly for removing vehicles that have recently been involved in an accident or have broken down.

If the permissible maximum gross weight of the vehicle or combination exceeds 3500 kg then a tachograph is required to be fitted and the driver must comply with EC drivers hours unless otherwise exempt. An exemption from this may be that it is a specialised breakdown vehicle - depending on the fitments.
However even if the vehicle is exempt because of size or design as above, the driver is still subject to UK Domestic Hours if he drives for more than 4 hours a day in any week - no records are required to be kept but he is limited to 10 hours daily driving except whilst dealing with emergencies and has an 11 hour daily duty limit. In addition the provisions of the Horizontal Amending Directive (HAD) on the working time of mobile workers apply - 48 hour average working week (workers may opt-out of this provision), four weeks paid annual leave, regular health checks for night workers, and the need for adequate rest.

Driving Licence
Regulations - Road Traffic Act 1988
Requirement - Section 87
Penalty - level 3 fine (up to £1000), 3 to 6 points

Category B
Motor vehicles not exceeding 3500kg maximum authorised mass and not exceeding 8 passenger seats (+ driver) towing trailer :-
- not exceeding 750kg maximum authorised mass (4250kg tot) , OR
- trailer exceeding 750kg maximum authorised mass if max authorised combination weight does not exceed 3.5 tonnes and trailer M.A.M. does not exceed unladen weight of motor vehicle.

Category B + E
Motor vehicles not exceeding 3500kg maximum authorised mass and not exceeding 8 passenger seats (+ driver) towing trailer exceeding 750 kg maximum authorised mass.
New drivers must hold Cat B licence and take a separate test
Minimum age - 17 years

Towing Cars and other Trailers
Regulations - Road Traffic Act 1988 / ROAD VEHICLES (CONSTRUCTION AND USE) REGULATIONS 1986
Requirement - Section 41A / Regulation 19
Penalty - level 5 fine (up to £5000), 3 points

Where a trailer required to be fitted with brakes (most of those over 750 kg total design axle weight) is drawn by a motor vehicle the driver shall be in a position to operate the brakes to the motor vehicle and the trailer unless the trailer is fitted with overrun brakes, or the trailer is a broken down vehicle being drawn in such a manner that it cannot be steered by it’s own steering. (A car being towed is classed as a trailer for this purpose as well as still being a motor vehicle.)
If the vehicle is not broken down or otherwise exempt then it cannot, for instance, be towed front suspended for delivery without some form of automatic braking system fitted.

Class Speed Limits
Regulations - Road Traffic Regulation Act 1984
Requirement - Section 89 Speeding offences generally/ Section 86 and Schedule 6 - Speed limits for particular classes of vehicles
Penalty - level 3 fine (up to £1000) / 3 to 6 points - fixed penalty offence

Rigid Goods vehicle not exceeding 7.5 tonnes which is not an articulated vehicle or car derived van 50 mph single carriageway / 60 mph dual carriageway / 70 mph motorway

When towing a trailer - 50 mph single carriageway / 60 mph dual carriageway / 60 mph motorway

In relation to a vehicle with a gross plated weight exceeding 3500kg

Goods Vehicle Plating and Testing
Regulations - ROAD TRAFFIC ACT 1988 PART II
Requirement Section 53 - Obligatory goods vehicle plating and test certificates - Heavy Motor Cars (exceeding 3050kg unladen) and Motor Cars exceeding 3500kg gross design weight
Penalty - level 3/4 fine (up to £1000- £2500)
Exemptions - Schedule 2 Goods Vehicles (Plating and Testing) Regulations 1988 - Break-down vehicles.

'break-down vehicle' means a motor vehicle :-
(a) on which is permanently mounted apparatus designed for raising one disabled vehicle partly from the ground and for drawing that vehicle when so raised; and
(b) which is not equipped to carry any load other than articles required for the operation of, or in connection with, that apparatus or for repairing disabled vehicles;

A transporter would not fall within the definition of a break-down vehicle as above and so would require annual plating and testing. A vehicle fitted only with a spec lift and no bed used only for disabled vehicles would probably meet the requirements of the exemption.

Tax
Regulations - Vehicle Excise and Registration Act 1994
Requirement (Section 1, Schedule 1) - Heavy Motor Cars (exceeding 3050kg unladen) and Motor Cars exceeding 3500kg gross design weight
Penalty - up to 5 times annual rate of duty + fixed penalty for fail to display tax disc - automatic penalty for failure to renew.
Exemptions - reduced rate for recovery vehicles

’recovery vehicle’ means a vehicle which is constructed or permanently adapted primarily for any one or more of the purposes of lifting, towing and transporting a disabled vehicle.

A vehicle is not a recovery vehicle if at any time the number of vehicles which it is used to recover exceeds two (The Recovery Vehicles (Number of Vehicles Recovered) Order 1989)

A vehicle is not a recovery vehicle if at any time it is used for a purpose other than :-
- the recovery of a disabled vehicle (including drivers and passengers and goods which were in the disabled vehicle and any single trailer drawn thereby, including the journey to collect the disabled vehicle and journey to their original intended destination)
- the removal of a disabled vehicle from the place where it became disabled to premises at which it is to be repaired or scrapped,
- the removal of a disabled vehicle from premises to which it was taken for repair to other premises at which it is to be repaired or scrapped,
- carrying fuel and other liquids required for its propulsion and tools and other articles required for the operation of, or in connection with, apparatus designed to lift, tow or transport a disabled vehicle, and
- removing a vehicle at the request of a constable or a local authority empowered by or under statute to remove a vehicle from a road.

The annual rate of vehicle excise duty applicable to a recovery vehicle is the same as the basic goods vehicle rate (up to 25 tonnes)

Unless only disabled vehicles or vehicles removed on behalf of the police or local authority (and in any case no more than 2 such vehicles) are carried, the vehicle will not fall under the definition of a recovery vehicle and so should be taxed as a normal vehicle (HGV or General Haulage) according to its weight and axle combination.
Note - just because a vehicle may be taxed as a recovery vehicle it does not follow that it is exempt from plating and testing or other requirements unless specifically stated because the requirements and exemptions in different legislation are not the same.

Insurance
Regulations - Road Traffic Act 1988
Requirement - Section 143 Users of motor vehicles to be insured or secured against third-party risks
Penalty - level 5 fine (up to £5000), 6 to 8 points, disqualification
Exemptions - n/a

Insurance is required.

Operator Licencing
Regulations - Goods Vehicles (Licensing of Operators) Act 1995
Requirement - Section 2
Application - Goods vehicles or goods vehicle combinations whose gross plated weight exceeds 3.5 tonnes .
Exemptions - Schedule 3 The Goods Vehicles (Licensing of Operators) Regulations 1995 - A recovery vehicle.

'recovery vehicle' has the same meaning as in the Vehicle Excise and Registration Act 1994.

Again, unless only disabled vehicles or vehicles removed on behalf of the police or local authority (and in any case no more than 2 such vehicles) are carried, the vehicle will not fall under the definition of a recovery vehicle and the operator will require an operator's licence.

Tachographs / Drivers Hours
Regulations - Transport Act 1968 / EC Regulation 3820/85 / Road Transport Directive (RTD)
Requirement - Section 96 / Article 4
Application - vehicles used for the carriage of goods where the maximum permissible weight of the vehicle, including any trailer or semi-trailer, exceeds 3.5 tonnes
Penalty - level 4 fine (up to £2500)
Exemptions - specialised breakdown vehicles whose construction fitments or other permanent characteristics are such that they will be used mainly for removing vehicles that have recently been involved in an accident or have broken down.

If the permissible maximum gross weight of the vehicle or combination exceeds 3500kg then a tachograph is required to be fitted and the driver must comply with EC drivers hours unless otherwise exempt. An exemption from this may be that it is a specialised breakdown vehicle - depending on the fitments.

Even if the vehicle is exempt , the driver is still subject to UK Domestic Hours if he drives for more than 4 hours a day in any week - no records are required to be kept but he is limited to 10 hours daily driving except whilst dealing with emergencies and has an 11 hour daily duty limit.

In addition the provisions of the Road Transport Directive (RTD) on the working time of mobile workers apply - 48 hour average working week , 60 hour working week, 10 hours night work, breaks and rest periods as EU drivers hours requirements.

Driving Licence
Regulations - Road Traffic Act 1988
Requirement - Section 87
Penalty - level 3 fine (up to £1000), 3 to 6 points
Exemption - Drivers of Breakdown Vehicles with an unladen weight not exceeding 3050 kg- (specially fitted to raise and tow vehicles, used solely for disabled vehicles) are exempt from the requirement to hold a Large Vehicle licence but they must hold a FULL licence to drive vehicles in category B.

Category C1
Motor vehicles 3500 kg - 7500kg + trailer not exceeding 750kg maximum authorised mass. (limited to 7500kg total if over 18 but under 21yrs).

Category C1 + E
Cat C1 + Trailer exceeding 750 kg maximum authorised mass providing the total maximum weight of the combination does not exceed 12000 kgs and maximum authorised mass of trailer does not exceed unladen weight of motor vehicle. (Over 18 but under 21yrs limited to 7500kg)
Holders of licence valid prior to 1/1/97 limited C1+ E (8.25t) unless new test taken.

Category C
Motor vehicles( not falling in Cat D, F, G or H ) exceeding 3500 kg maximum authorised mass + trailer not exceeding 750kg maximum authorised mass.
Minimum age 21 years (unless on LGV training scheme)

Category C + E
Cat C vehicle + trailer exceeding 750 kg maximum authorised mass.
Minimum age 21 years (unless on LGV training scheme)

Towing Cars and other Trailers
Regulations - Road Traffic Act 1988 / ROAD VEHICLES (CONSTRUCTION AND USE) REGULATIONS 1986
Requirement - Section 41A / Regulation 19
Penalty - level 5 fine (up to £5000), 3 points

Where a trailer required to be fitted with brakes (most of those over 750kg total design axle weight) is drawn by a motor vehicle the driver shall be in a position to operate the brakes to the motor vehicle and the trailer unless the trailer is fitted with overrun brakes, or the trailer is a broken down vehicle being drawn in such a manner that it cannot be steered by it’s own steering. (A car being towed is classed as a trailer for this purpose as well as still being a motor vehicle.)
If the vehicle is not broken down or otherwise exempt then it cannot, for instance, be towed front suspended for delivery without some form of automatic braking system fitted.

Class Speed Limits
Regulations - Road Traffic Regulation Act 1984
Requirement - Section 86 and Schedule 6 - Speed limits for particular classes of vehicles
Penalty - level 3 fine (up to £1000) / 3 to 6 points - fixed penalty offence

Rigid Goods vehicle not exceeding 7.5 tonnes (not a car derived van) 50 mph single carriageway / 60 mph dual carriageway / 70 mph motorway
When towing a trailer - 50 mph single carriageway / 60 mph dual carriageway / 60 mph motorway

Goods vehicle exceeding 7.5 tonnes with or without a trailer - 40 mph single carriageway / 50 mph dual carriageway / 60 mph motorway

Motor tractor or locomotive with not more than 1 trailer - 30 mph single carriageway / 30 mph dual carriageway / 40 mph motorway

Motor tractor or locomotive with more than 1 trailer (such as when towing a laden broken down articulated vehicle) - 20 mph single carriageway / 20 mph dual carriageway / 20 mph motorway