Some frequently asked questions that may be of value to you as recovery operators

'Can I tow a disabled trailer with my recovery vehicle, even though it is not a motor vehicle?'

The reply we received from DVLA was as follows: 'As you know, a 'Recovery Vehicle' is defined in schedule 1(5) of the Vehicle Excise and Registration Act 1994 as a vehicle constructed or permanently adapted primarily for any one or more of the purpose of lifting, towing and transporting a disabled vehicle. The expression 'disabled vehicle' is taken to include vandalised, abandoned vehicles, whether mechanically propelled or not, trailers, and anything on wheels which is capable of being towed. This would obviously include the recovery of caravans.'

A recovery vehicle can be used for 'towing or carrying one trailer which had previously been towed or carried by the vehicle immediately before it broke down,' as stated in the Act mentioned above.

We wrote to DVLA on this subject, because when we looked at the regulations governing recovery taxation and what a recovery vehicle could and could not do, we noticed that the regulations only mentioned, 'a broken down vehicle' it does not state anywhere that it has to be a 'mechanically propelled vehicle'.

Operators Licence: A recovery vehicle is exempt from an 'O' licence, providing it is licensed as recovery and complies with the conditions mentioned in the Vehicle Excise and Registration Act 1994, and its only use is for broken down vehicles.

Tachographs: Specialised breakdown vehicles are exempt from Tachograph regulations. The definition of such a vehicle as interpreted by the European Court in the case of 'Hamilton v Whitlock' is: 'A vehicle that is constructionally a breakdown vehicle and is mainly used to remove damaged or broken down vehicles from the public highway, may continue to be exempt from the Tachograph Regulations whatever operation it carries out: e.g. if vehicles used for purchase or repair or sale. An 'O' licence may be required for these situations)

Drivers Hours: Recovery vehicle drivers are exempt from the EEC drivers' hours, but must adhere to the British Domestic Drivers' Hours.

Written Records of Work: Recovery vehicle drivers are exempt from keeping written work records, as their vehicles do not require an Operator's Licence.

Length: The Road Vehicles (Construction and Use) Regulations 1986 Regulation 7 (3A) (b) states that this does not apply to a broken down vehicle being drawn by a motor vehicle in consequence of a breakdown.

Width: Regulation 8 (2) Para (1) does not apply to a broken down vehicle, which is being drawn in consequence of the breakdown.

Towing: A breakdown vehicle can tow an articulated vehicle when empty and class it as one trailer. However, should the artic be fully loaded, up to 44 tonnes, this is classed as two trailers and should be towed by a Locomotive. The DETR has stated that, until such time as they can come up with a Construction and Use definition of a breakdown vehicle, in legal terms a heavy breakdown vehicle has to be seen as a Locomotive. The courts have already made this interpretation (DPP v Yates) and in practice allow for sufficient train weight within C&U limits.

This case also stated that a breakdown vehicle could carry out a suspended tow of a rigid truck, which in turn was towing a drawbar trailer, and deemed the breakdown vehicle to be a Locomotive, providing the design gross train weight is not exceeded.

Light Locomotive - Unladen weight must be over 7,370 kg and up to 11,690 kg

Heavy Locomotive - Unladen weight must exceed 11,690 kg

The speed limit for towing as a Locomotive is governed by The Road Traffic Regulation Act 1984 for Locomotives pulling more than one trailer on a motorway and any other road. 40 mph on a motorway, and 30 mph elsewhere.

Note: Should you have to tow more than one trailer, it would be wise to inform the police of the area you are travelling in, because of the slow speed that you will have to travel at. You can also tow on motorways providing that your unladen vehicle can attain a speed of 25 mph.

Other legal points of interest

Road Vehicles Lighting Regulations 1989 and the Road Traffic act 1988

The use of 'Amber Warning Beacons' must only be used in connection with, or near to, an accident or breakdown, or when the vehicle is towing a disabled vehicle. (Please use these lights with a bit of common sense.) They must NOT be used when carrying a vehicle on the bed of your truck.

Using tractor units for recovery.

We put this question to DVLC and their reply was:

'Strictly speaking, and according to the DVLC, this is not permitted. If operators use articulated vehicles as recovery vehicles and wish to license them in the Recovery Vehicle class, they should ensure that the trailer is constructed or permanently adapted as a recovery vehicle, capable of transporting broken down vehicles wholly raised from the ground. In addition, they must ensure that the trailer is permanently coupled to the tractor unit, in such a way that it requires a workshop operation to disconnect it, by removing the landing legs and bolting and welding up the coupling pin release mechanism. There may be various ways of accomplishing the latter, but the essential requirements is that the tractor unit and trailer cannot be disconnected simply by using the release mechanism.

I can hear many of you now saying 'I've got mine taxed as a recovery vehicle without doing this.' All I can say is, 'You've not been caught yet', so keep quiet about it.

The above is to prevent 'cowboys' from taxing them at a cheaper rate and then using them as ordinary goods vehicles.

Drivers' hours.

Drivers of Goods vehicles or passenger carrying vehicles have, in the past, come under considerable commercial pressure to drive for long distance or for long hours. In order to reduce the increased risk which is presented to the public by drivers of those vehicles who are suffering from fatigue, the Transport Act 1968 ( partV1 ) introduced a system for the recording and monitoring of the hours which some drivers work.

This was achieved by setting out maximum periods of driving, together with minimum rest periods in between and by requiring certain vehicle to have tachographs fitted and maintained.

The law has been extended - and considerably complicated - by the effects of EC legislation and is now a highly complex area of road traffic law. The many 'Community rules' (sse's 96 of the transport Act 1968) and exemptions should be consulted, and expert assistance sought in each case.

What follows here is a very brief overview of the legal regulation of drivers' hours.

Type of Vehicle

The provisions of part V1 of the Transport Act 1968 apply generally to:

Passenger vehicles - PSVs and other motor vehicles constructed or adapted to carry more than 12 passengers.

Goods Vehicles - locomotives, motor tractors, any motor vehicle contructed so that it may be used as an articulated vehicle and other motor vehicles constructed or adapted to carry goods other than passengers' effects.

As the purpose of the legislatation is to exercise control over working hours a number of exemptions are provided for. These essentially refer to vehicles used for the conveyance of passengers for short distances, public service and public utility vehicles, amblulances etc., types of tractors, showmens' goods vehicles and some BREAKDOWN VEHICLES. Most of the exempted vehicles are controlled by public authorities or public utilities.

The rules and restrictions vary according to the type of vehicle; they also vary according to the type of journey being made by that vehicle.

Type of Journey

the relevant types of journey or works are:

International journeys
National journeys
Domestic journeys
Mixed (i.e. a combination of some of the above).

As ever, there are many exemptions to the requirements for observing and recording drivers' hours and these generally appear in the particlar rules.

Community Legislation

Most journeys will be covered by:

Regulation 85/3820 (in relation to drivers' hours); and
Regulation 85/3821, as amended ( in relation to tachograph records).

Drivers' Hours

The following is a brief resume of the regulations in relation to drivers' hours.

Driving periods

Normally 9 hours daily driving period but 10 hours not more than twice a week.

Generally 4.5 hours continuous driving period.

The total period of driving in any one week must not exceed 56 hours.

The total period of driving in any one fortnight must not exceed 90 hours.

These figures are an aggregation of the various prescribed driving and rest periods found within the relavant articles.

Rest Breaks

At least 45 minutes rest break unless the driver is beginning a daily or weekly rest period.

Rest breaks may be replaced by rest periods of at least 15 minutes each totalling 45 minutes distributed with the continuous driving period or immediately after it.

Rest breaks must not be taken as part of a daily rest period.

Rest Periods

After 6 daily driving periods drivers must take a weekly rest period.

The weekly rest period may be postoned until the end of the sixth day if the total deiving time over the 6 days does not exceed the maximum corresponding to 6 daily driving periods.

Drivers must have a daily rest period of at least 11 consecutive hours in each period of 24 hours.

The rest period may be reduced to at least 9 consecutive hours not more than three times a week. This applies provided that an equivalent period is granted as compensation before the end of the following week.

Where there is no reduction in hours, daily rest periods may be taken in two or three separate periods during a 24-hour period but one of these must be at least 8 consecutive hours.

Where there is a reduction in hours, the minimum lenght of rest for that day must be increased to 12 hours.

Daily rest periods may be taken in a vehicle as long as it is fitted with a bunk and is stationary.

During each period of 30 hours when a vehicle is manned by at least two drivers each shall have a rest period of not less than 8 consecutive hours.

In the course of each week one of the rest periods shall be extended by way of weeklyrest to a total of 45 consecutive hours.

Weekly rest may be reduced to 36 hours if it is taken at a vehicle base or driver base or to a minimum of 24 hours if taken elsewhere. If this is done there will be compensation by an equivalant rest taken en bloc before the end of the third week following the week in question.

A weekly rest period which begins in one week and continues into the following week may be attached to either of theese weeks.

'Driver' for the purpose of the regulations is any person who drives a vehicle, even for a short period, or who is in the vehicle in order to be available for driving if necessary.

The term 'week' means the period between 00.00 hours on Monday and 24.00 hours on Sunday.

A 'day' means successive periods of 24 hours beginning with the resumption of driving after the last weekly rest period.

'Rest' means any uninterrupted period of at least one hour during which the driver may freely dispose of his/her time. To 'freely dispose of his/her time' means that the employer cannot direct the driver to engage in doing some other type of work.

The relevant 'daily working period' will include the time spent by a driver taking the vehicle to and from their home address before and after work.

Visit the DoE website at

http://www.detr.gov.uk/roadsafety/tachograph/gv262/2.htm and http://www.detr.gov.uk/roadsafety/tachograph/gv262/3.htm

Item 20: When are drivers exempt from the EC rules?

One of the exemptions are

Specialised Breakdown Vehicles Refer to part C

Part C Refers to UK Domestic Drivers' Hours Rules

Item 39: Are there any exemptions from UK Domestic Rules?

Yes, the rules do not apply to:-
they list the exemptions and this is an extract from one of them:-

Drivers of the following vehicles are exempt from the duty limit but not the driving limit:

Goods vehicles, including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes used:

By the AA, RAC or RSAC;

________________________________________

Department of the Environment,
Transport and the Regions
Drivers' Hours and Tachograph Rules for Goods
Vehicles in the UK and Europe
(GV262)
________________________________________
PART C
UK Domestic Drivers' Hours Rules
37 WHAT ARE THE UK DOMESTIC RULES?
The UK domestic rules apply to most goods vehicles which are exempt from the EC rules.

38 WHAT ARE THE DRIVING LIMITS?
" Daily driving
A driver must not drive for more than 10 hours in a day.
The daily driving limit applies to time spent at the wheel, actually driving. Off-road driving for the purpose of agriculture, quarrying, forestry, building work or civil engineering counts as duty rather than driving time.
" Daily duty limit
A driver must not be on duty for more than 11 hours on any working day. A driver is exempt from the daily duty limit on any working day when he does not drive.
A driver who does not drive for more than 4 hours on each day of the week is exempt from the daily duty limit.

39 ARE THERE ANY EXEMPTIONS FROM UK DOMESTIC RULES?
Yes, the rules do not apply to:
" drivers of vehicles used by the Armed Forces, the Police and Fire Brigades;
" drivers who always drive off the public road system;
" private driving, ie not in connection with a job or in any way to earn a living.
Drivers of the following vehicles are exempt from the duty limit but not the driving limit:
" goods vehicles, including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes used:
by doctors, dentists, nurses, midwives and vets;
for any service of inspection, cleaning, maintenance, repair, installation or fitting;
by a commercial traveller;
by the AA, RAC or RSAC; or
for cinematograph or radio and television broadcasting.

40 WHATABOUT EMERGENCIES?
The UK domestic rules are relaxed for events needing immediate action to avoid danger to life or health of people or animals; serious interruption of essential public services (gas, water, electricity or drainage), or of telecommunication and postal services, or in the use of roads, railways, ports, airports; or serious damage to property. In these cases the driving and duty limits are suspended for the duration of the emergency.

41 WHAT ABOUT WHEN TRAVELLING ABROAD?
The UK domestic rules apply only in the UK. But drivers must observe the national rules of the countries in which they travel. The Embassies of these countries will be able to assist in establishing the rules that might apply.

42 WHAT RECORDS SHOULD I KEEP?
You must keep written records of your hours of work on a weekly record sheet. An example of such a sheet is at Annex D.
Operators are expected to check and sign each weekly record sheet.
Record books containing weekly record sheets are not available from The Stationery Office. The Vehicle Inspectorate (see Annex E) can tell you the names of commercial printers who produce them.
NB. German national rules require drivers of goods vehicles between 2.8 and 3.5 tonnes to record details of their journeys in an AETR style logbook. This means that UK drivers have to use the logbook when they set out and whilst driving through the countries on journeys to or through Germany. Copies of these log books can be obtained from the Road Haulage Association (Tel 01932 841515),

43 ARE THERE ANY EXEMPTIONS FROM KEEPING RECORDS?
Yes, the following are exempt:
" Drivers of goods vehicles which do not require an operator's licence. This exemption does not apply to drivers of Crown vehicles which would have needed an 'O' Licence if the vehicle had not been Crown property.
" Drivers of goods vehicles on any day when they drive for 4 hours or less and keep within 50 kilometres of base.
" Drivers using an EC calibrated and sealed tachograph.

44 WHAT RECORDS MUST BE KEPT FOR VEHICLES CARRYING POSTAL ARTICLES?
Tachographs must be fitted and used on all vehicles with a permissible maximum weight in excess of 3.5 tonnes which carry parcels on postal services. Drivers of such vehicles are exempt from the EC drivers' hours rules but must comply with the UK domestic rules.

PART D
Mixed EC and UK Domestic Driving

45 WHAT HAPPENS IN CASES OF 'MIXED' DRIVING UNDER EC AND UK DOMESTIC RULES?
Many drivers spend some of their time driving under one set of rules, and some under another set, perhaps even on the same day.
Where a driver uses a vehicle which is subject to the EC rules during a day or week in which he also drives a vehicle subject to UK domestic rules, he may either observe the EC rules all the time, or a combination of both rules as long as the EC limits are not exceeded when driving vehicles on EC work. The following points must be considered:
" the time spent driving under EC rules cannot count as an off duty period under UK domestic rules;
" driving and other duty under the UK domestic rules (including non-driving work in another employment) count as attendance at work but not as a break or rest period under the EC rules;
" driving under EC rules counts towards the driving and duty limits under the UK domestic rules; and
" any EC driving in a week means that the driver must take a daily rest period on those days he/she actually drives under EC rules, and a weekly rest period.

46 SO WHAT DRIVING LIMITS DO I OBEY?
The UK domestic limits (10 hours driving) must always be obeyed. But at any time when you are actually driving under the EC rules, you must obey all the rules on EC driving limits.

47 AND WHAT WORKING TIMES?
The UK domestic limits (ie. no more than 11 hours on duty) must always be obeyed. But when working under EC rules you must also obey all the rules on breaks, daily (only on those days when actually driving) and weekly rest.

48 WHAT ARE THE RULES ON REST PERIODS AND BREAKS?
Again a driver must always obey the EC rules on rest periods and breaks.

49 HOW ABOUT 'MIXED' DRIVING UNDER AETR AND UK DOMESTIC RULES?
The same points also apply to a driver if he drives partly under AETR rules and partly under UK domestic rules.

50 HOW SHOULD I RECORD UK DOMESTIC DRIVING UNDER EC RULES?
If you are driving partly under UK domestic rules and partly under EC rules you should make a manual entry on the tachograph chart showing periods of domestic driving as other work eg. OW 09.15 -10.20.
If you are using a tachograph when driving under UK domestic rules, the mode switch should be on "other work"