We have been asked on numerous occasions by our customers about this subject and have now had confirmation from Hughes Guide. In summary, the rule is – You are not allowed to tow a vehicle weighing over 750kg on a spec lift over as it is classed un-braked trailer. However, you are exempt from this law if the vehicle is broken down.
The Road Vehicles (Construction and Use) Regulations 1986 Part II B
Regulations 15 and 16
Braking systems which comply with EEC or ECE Regulations (Regulation 15) or which comply with Schedule 3 of the Construction and Use Regulations (Regulation 16) are required to be fitted to all motor vehicles and trailers except :-
A broken down vehicle,
Application of brakes of trailers
Where a trailer is drawn by a motor vehicle the driver (or in the case of a locomotive one of the persons employed in driving or tending the locomotive) shall be in a position readily to operate any brakes required by these Regulations to be fitted to the trailer as well as the brakes of the motor vehicle (or in the case of a locomotive a person other than one of the persons employed in driving or tending the locomotive) is in a position and competent efficiently to apply the brakes of the trailer. Provided that this regulation shall not apply to a trailer which :-
(a) in compliance with these Regulations, is fitted with brakes which automatically come into operation on the overrun of the trailer; or
(b) is a broken down vehicle being drawn, whether or not in consequence of a breakdown, in such a manner that it cannot be steered by its own steering gear.