Exemptions for recovery/Breakdown Vehicles

Posted: Feb 11, 2016

Many are aware of the various regulations appertaining to Recovery, however some may not be aware that recovery vehicles have a number of exemptions which apply under the following circumstances:

The Road Vehicles (Authorisation of Special Types) (General) Order 2003

PART 2 -SPECIAL VEHICLES FOR HAULAGE, LIFTING, ENGINEERING AND VEHICLE RECOVERY

Part 2 vehicles and Part 2 vehicle-combinations: authorisation requirements

11. (2) But the requirements specified in articles 12 to 17 do not apply to a mobile crane or road recovery vehicle in any case where—

(a) a civil emergency or road traffic accident has occurred;

(b) as a result, there is a danger to the public;

(c) the owner or user of the crane or vehicle has received a request made by the police for the vehicle to be used for the purposes of immediate clearance of an area affected by the emergency or accident

NOTE: Articles 12 to 17 are:

12. Length: police notification and attendants

13. Forward and rearward projections: police notifications

14. Forward and rearward projections; attendants

15. Width and lateral projections: police notification, Secretary of State notification and attendants

16. Weight of vehicle and load

17. Weight: police notification and road and bridge authority notification and indemnity

The Goods Vehicles (Plating and Testing) Regulations 1988 -SCHEDULE 2

CLASSES OF VEHICLE TO WHICH THESE REGULATIONS DO NOT APPLY

No. 3. Break-down vehicles

EU rules on Tachographs

EC Regulation 561/2006 on drivers’ hours and tachographs - EC Regulation 3820/85 on drivers’ hours - EC Regulation 3821/85 on tachographs - EC Regulation 3314/90 on tachographs - EC Regulation 3688/92 on tachographs - EC Regulation 2479/95 on tachographs

EC Regulation 2135/98 and EC Regulation 1360/2002 (as amended)

Exemptions:

Specialised breakdown vehicles operating within a 100 km radius of their base

‘Specialised breakdown vehicle’ was interpreted by the European Court as a vehicle whose construction, fitments and other permanent characteristics were such that it would be used mainly for removing vehicles that had recently been involved in an accident or

broken down.

Derogations (the act of officially stating that a law or rule no longer needs to be obeyed)

If the break down vehicle is based on an Island which has a radius of less than 2300 km that belongs to GB they are totally exempt from Tachograph legislation,

29. Vehicle is used on an island not exceeding 2300 square kilometres in area not linked to the rest of Great Britain by a bridge, tunnel or ford open to motor vehicles

If it is exempt from the EU rules due to the provisions listed above then the vehicle will usually be in scope of the GB domestic rules when travelling in GB

The Road Vehicles Lighting Regulations 1989

Exemptions—Vehicles towing or being towed

6. - (7) Where a broken-down vehicle is being drawn by another vehicle–

Colour of light shown by lamps and reflectors

(2) No vehicle shall be fitted with a lamp which is capable of showing any light to the rear, other than a red light, except–

(iii) a breakdown vehicle;

(xii) a vehicle used for the removal or immobilisation of vehicles in exercise of a statutory power or duty;

The Road Vehicles (Construction and Use) Regulations 1986

Length

7. (1) Subject to paragraphs (2) to (6), the overall length of a vehicle or combination of vehicles of a class specified in an item in column 2 of the Table shall not exceed the maximum length specified in that item in column 3 of the Table, the overall length in the case of a combination of vehicles being calculated in accordance with regulation 81(g) and (h).

(3) The provisions of paragraph (1) do not apply to—

(a) a broken down vehicle which is being drawn by a motor vehicle in consequence of a breakdown;

Parking in darkness

101. (1) Save as provided in paragraph (2) no person shall, except with the except with the permission of a police officer in a uniform, cause or permit any motor vehicle to stand on a road at any time between half an hour after sunset and half an hour before sunrise unless the near side of the vehicle is as close as may be to the edge of the carriageway.

(2) The provisions of paragraph (1) do not apply in respect of any motor vehicle—

(a) being used for fire brigade, ambulance or police purposes or for defence purposes (including civil defence purposes) if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

(b) being used in connection with—

(ii) the repair of any other vehicle;

(iii) the removal of any obstruction to traffic;

Goods Vehicles (Licensing of Operators) Act 1995

Operators’ licences

You don’t need a goods vehicle operator’s licence if your vehicle:

· recovery vehicles (only if they’re used exclusively for that purpose)

Congestion Charging in London

Exemptions and Discounts

5. Drivers of roadside vehicles of accredited breakdown organisations.

Dangerous Goods – Carriage of Dangerous Goods .

The following transport operations are exempt from ADR.

4. The carriage undertaken by, or under the supervision of, the emergency services, in particular by breakdown vehicles carrying vehicles which have been involved in accidents or have broken down and contain dangerous goods.

5. Emergency transport intended to save human lives or protect the environment provided that all measures are taken to ensure that such transport is carried out in complete safety.

This website http://www.unece.org/fileadmin/DAM/trans/danger/publi/adr/adr2013/English/VolumeI.pdf, says:

CE/TRANS/225 (Vol.I) - Volume I applicable as from 1 January 2013, Economic Commission for Europe, Committee on Inland Transport, UNITED NATIONS, New York and Geneva, 2012 European Agreement Concerning the International Carriage of Dangerous Goods by Road

CHAPTER 1.1 SCOPE AND APPLICABILITY

1.1.3 Exemptions

1.1.3.1

Exemptions related to the nature of the transport operation The provisions laid down in ADR do not apply to:

(d) The carriage undertaken by the competent authorities for the emergency response or under their supervision, insofar as such carriage is necessary in relation to the emergency response, in particular carriage undertaken:

- by breakdown vehicles carrying vehicles which have been involved in accidents or have broken down and contain dangerous goods; or

- to contain and recover the dangerous goods involved in an incident or accident and move them to the nearest appropriate safe place.