Guide for Recovery Operations Launched

VOSA recently launched a Guide for recovery operations on 4 July.
VOSA produced the guide following ongoing consultation with recovery operation operators and drivers. The guide sets outs VOSA views on areas such as vehicle excise, Operator Licensing and drivers’ hours and tachographs.
VOSA says that the guide incorporates questions raised by operators and drivers and we hope it will be a quick reference point to make their jobs easier.
‘Recovery Vehicles’ is defined in Paragraph 3 of the Goods Vehicles (Licensing of Operators) Regulations 1995 as having the same meaning as Part v of Schedule1 to the Vehicle Excise and Registration Act 1994.  This states that:
A “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 it is used for a purpose other than
(a) the recovery of a disabled vehicle,
(b) the removal of a disabled vehicle from the place where it became disabled to premises at which it is to be repaired or scrapped,
(c) 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,
(d) 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
(e) any purpose prescribed for the purposes of this sub-paragraph by regulations made by the Secretary of State.
This can be a confusing area, meaning operators can get convicted of operating without a licence when they have not deliberately tried to break the law.  Operators would always be advised to seek informed advice before relying on an exemption such as this.

For advice on transport law, contact Jared Dunbar at Dyne Solicitors on 01829 773 100.
Content is believed to be correct at time of writing.  Content written on 07 August 2013.

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