The Government has published new guidance which clarifies some of the more complex issues surrounding the use of recovery vehicles. It is hoped that the guidance will make it easier for vehicle operators and drivers to understand the requirements and be able to comply with eth relevant legislation.
The guide, whilst not being legally binding, provides some guidance on the historically contentious issues such as whether a vehicle is disabled.
The guide confirms that, ‘a disabled vehicle is one which cannot reasonably be driven due to mechanical failure or dangerous components, or even incapable of use in the reasoned opinion of the recovery operator. It is not sufficient to deliberately disable a vehicle (eg disconnect the battery) to call it disabled for the purposes of defining a recovery vehicle.’
So why does it matter whether a vehicle is disabled when it is transported?
1. Reduced rate of Vehicle Excise
Vehicles qualifying as recovery vehicles, which have a gross weight of between 3.5 tonnes and 25 tonnes, benefit from an annual rate of excise which is equivalent to the basic goods vehicle rate. Vehicles in excess of 25 tonnes GVW attract an annual rate of duty equivalent to 250% of the basic goods vehicle rate.
If the vehicle being carried is not disabled or the recovery vehicle is used for a purpose other than one of those listed in the Guide, it will cease to enjoy the reduced rate of duty. The full rate of duty applicable to a Goods Vehicle of that weight will then probably apply.
2. Exemption from Operator’s License for Recovery Vehicles
An operator’s licence is required by anyone who uses a vehicle of more than 3.5 tonnes gross vehicle weight (the maximum combined weight of vehicle and load) for carrying any kind of goods or livestock in connection with a business. The scheme is designed to ensure that operators of such vehicles maintain them to a specified minimum standard, operate with the constraints laid down by the relevant transport legislation, and abide by environmental rules.
There is no doubt that a recovery vehicle is exempt from operator licensing, however, the starting point of the Goods Vehicles (Licensing of Operators) Act 1995 is that all vehicles over 3500 kgs used for the carriage of goods are in scope of operator licensing, and vehicles which are used to transport other vehicles (‘recovery’ or ‘breakdown’) fall within that definition. However, it is also the case that the Goods Vehicles (Licensing of Operators) Regulations 1995 provide numerous exemptions from operator licensing, and one of these is “a recovery vehicle”. The aforementioned Act then refers to the Vehicle Excise and Registration Act for the definition of recovery.
If a vehicle’s physical construction and use are not consistent with the definition of recovery as stipulated by the Vehicle Excise and Registration Act, and it is used for transporting vehicles, the vehicle is in scope of operator licensing.
It isn’t enough for a vehicle to have all the physical attributes of a recovery vehicle; it must be used for the specific purposes detailed in the definition. For example, a ‘breakdown’ or ‘recovery’ vehicle transporting a non-disabled (ie a repaired) car from the body repairer back to the customer, would be classed as a haulage operation, despite what the towing vehicle might look like. Such a journey would fall within the scope of “carriage of goods for hire or reward” and an Operators License would be required.
Page 10 of the Guide contains a very clear flow diagram demonstrating when an ‘O’ License is required.
There are also exemptions for driver’s hours relating to ‘recovery’ or ‘specialised breakdown vehicles’ which the Guide details.
A copy of the Guide can be downloaded from here and it certainly is worth reading and considering, if you own or are considering operating your own recovery vehicle.
