The applicability of tachograph legislation to a Daihatsu towing a car-transporter trailer.

The above vehicle combination was stopped and examined by a police officer. The charge of failing to have fitted and use a tachograph was brought against both the driver and the employing garage for whom the vehicle was being transported.

The Daihatsu was a station wagon variant, being fully glazed and fitted with 7 seats. The trailer was plated at 2600 Kg Gross and was carrying a new vehicle.

TTAS attended the Magistrates Court as Expert Witness for the Defence.

It was argued that:

The towing vehicle was a standard vehicle, that had not been adapted in any way other than by fitment of a tow-bar.

Case Law: Taylor v Mead - "Constructed or Adapted" was held to mean "originally constructed or where the structure is subsequently altered", "adapted" was held to "involve some amount of alteration of the original construction".

The towing vehicle was not a goods vehicle, by virtue of its goods capacity not exceeding that which would be required to carry the luggage associated with the passengers for which seats were provided.

Case Law: Dickson v BRS (Pickfords Ltd) - a vehicle does not become a goods vehicle because there is a trailer attached that is carrying goods.

The trailer, being a centre-axle trailer, did not cause a considerable proportion of its weight to be borne by the towing vehicle.

Case Law: Freelands Land Drainage v DPP - where no evidence is laid as to the actual weight borne by the towing vehicle, inspection of the vehicle combination will allow assessment of the weight disposition(s).

Thus, if the towing vehicle itself was not a goods vehicle under clauses (2)(b)(i) and (2)(b)(ii) of section 95 of the Transport Act 1968, then the only portion of the vehicle combination that could be construed as a Goods Vehicle was the trailer. The trailer, having a gross capacity of less than 3500Kg, was exempt from the tachograph requirements.

The magistrates were apparently confused by the technicality of the legislation and found both defendants guilty.

The case was taken to the Court of Appeal where it was heard in November 1997. The same arguments were laid before the Court of Appeal, together with the accompanying drawings/descriptions. The Justices found in favour of the appellant, quashing the convictions against the defendants.

Costs were awarded against the Chief Constable whose officer had instigated the original charges.

Towing vehicles with trailers showing different coupling configurations with and without substantial imposed loads.

Standard articulated truck.

The coupling (fifth wheel) between the two vehicles is mounted above/slightly forward of the rear axle of the towing vehicle. The axle(s) of the trailer are well to the rear, therefore a "substantial portion of the weight of the trailer, and its load, will be borne by the towing vehicle".

The location of the (fifth wheel) coupling ensures the stability of the towing vehicle.

Truck and turn table (self-steering) trailer.

The coupling on this truck is mounted under the rear axle. The weight of the trailer is carried on its own axles. The (insubstantial) weight of the drawbar is shared between the towing and towed vehicles.

Truck and articulated trailer with converter dolly.

Within the legislative constraints of train length, the same drawing could represent a standard articulated trailer supported at the front by a converter dolly. The converter dolly consists of a fifth wheel coupling mounted over an axle which is fitted with a drawbar. The converter dolly carries the weight that would otherwise be borne by the towing vehicle. As with the truck and turn table (self steering) trailer the only imposed weight carried by the towing vehicle is half the weight of the drawbar.

Light vehicle towing Group 0₂ trailer.

The trailers weight is carried, in the main, by its own axles. The weight imposed on the rear of the towing vehicle is nominal; if it were substantial then the towing vehicle would be unbalanced - and therefore unstable - because the coupling is mounted well to the rear of the towing vehicles rear axle

It should be noted that a nominal static nose weight is required. When towed at speed, the effect of air pressure on the front of the trailer will tend to make it squat back; thus the absence of any nose weight will result in nose lift which will lead to instability of the towing vehicle.

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