Tow Legal - Tow Safe
Legislative issues considered in relation to vehicle and driver activities.
Operators' licenses and qualifications
Operators` licensing is governed by the Goods Vehicles (Licensing of Operators) Act 1995, the Goods Vehicles (Licensing of Operators) Regulations 1995 (SI 1995 No. 2869) and The Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (SI 1995 No. 3000).
Scope of Regulations
Subject to certain exemptions operators' licensing applies to all goods vehicles and vehicle combinations used for the carriage of goods in connection with trade or business (this includes local authorities who are deemed to be carrying on a business) and which exceed 3.5 tonnes gross plated weight or, if unplated, 1,525 kg unladen weight. The weight of any trailer not more than 1,020 kg unladen being discounted.
Exemptions include:
| A | Dual-purpose vehicles and trailers towed thereby;and | |
| B | Passenger vehicles, and any trailer towed, when being so used. |
The Goods Vehicles (Plating and Testing) Regulations 1988 (SI 1988 No 1478) and subsequent amending regulations.
The regulations apply, subject to certain exemptions, to all goods vehicles over 3,500 kg gross vehicle weight, articulated trailers, drawbar traiiers over 1,020 kg unladen weight, and converter dollies (but see item E below)
Exemptions include:
| A | Living vans not exceeding 3,500 kg design gross weight. Note: "living van" is defined as a vehicle, whether mechanically propelled or not, used as living accomodation and which is also used for carrying goods or burden which are not required by the occupant(s) for the purpose of their residence in the vehicle; | |
| B | Vehicles constructed or adapted for, and used primarily for carrying equipment permanantly fixed to the vehicle for use in medical, dental, veterinary, health, education, display, clerical or experimental laboratory purposes, and which does not directly involve the sale, hire or loan of goods from the vehicle, and does not directly or indirectly involve drain cleaning or sewage or refuse collection; | |
| c | Trailers fitted only with parking brakes and brakes that act automatically on the overrun of the trailer; | |
| D | Vehicles used solely to tow trailers exempt under items A, B or C above, or a trailer authorised to be used on roads by an order under s.44(1) of the Road Traffic Act 1988; and | |
| E | Agricultural trailers and agricultural trailed appliance conveyors on roads only by an agricultural motor vehicle; converter dollies used solely in connection with agriculture, horticulture and forestry. |
For further information contact TTAS.
TTAS Publications
Transport Act 1968, sect 95 as amended by SI 1998 No. 2006
Vehicles & Drivers subject to control
| (1) | This Part of this Act shall have effect with a view to securing the observance of proper hours [or periods] of work by persons engaged in the carriage of goods or passengers by road and thereby protecting the public against the risks which arise in cases where the drivers of motor vehicles are suffering from fatigue but the Secretary of State may by regulations make such provision by way of substitution for or adaptation of the provisions of this Part, as he considers necessary or expedient to take account of the operation of any relevant Community provision. | |||
| (2) | This Part of this Act applies to: | |||
| (a) | passenger vehicles, that is to say: | |||
| (i) | public service vehicles; and | |||
| (ii) | motor vehicles (other than public service vehicles) constructed or adapted to carry more than twelve passengers; | |||
| (b) | goods vehicles, that is to say: | |||
| (i) | heavy locomotives, light locomotives, motor tractors and any motor vehicle so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle; | |||
| (ii) | motor vehicles (except those mentioned in paragraph (a) of this subsection) constructed or adapted to carry goods other than the effects of passengers. | |||
| (c) | vehicles not falling within paragraph (a) or (b) of this subsection which: | |||
| (i) | are vehicles within the meaning given by Article 1 of Council Regulation (EEC) No. 3820/85 of 29 December 1985, on the harmonisation of certain social legislation relating to road transport; and | |||
| (ii) | are not referred to in Article 4 of that Regulation. | |||
| (3) | This Part of this Act applies to any such person as follows (in this Part of this Act referred to as a "driver"), that is to say: | |||
| (a) | a person who drives a vehicle to which this Part of this Act applies in the course of his employment (in this Part of this Act referred to as "an employee-driver" ); and | |||
| (b) | a person who drives such a vehicle for the purposes of a trade or business carried on by him (in this Part of this Act referred to as ("an owner-driver"); and | |||
| in this Part of this Act references to driving by any person are references to his driving the aforesaid. |
Council Regulation EEC 3820/85 (concerning Drivers Hours and Tachographs) - Articles 1 & 4
Article 1 Definitions
In this Regulation:
| 1. | "carriage by road" means any journey made on roads open to the public of a vehicle, whether laden or not, used for the carriage of passengers or goods; | ||
| 2. | "vehicles" means motor vehicles, tractors, trailers and semi-trailers, defined as follows: | ||
| (a) | "motor vehicle": any mechanically self-propelled vehicle circulating on the road, other than a vehicle running on rails, and normally used for carrying passengers or goods; | ||
| (b) | "tractor": any mechanically self-propelled vehicle circulating on the road, other than a vehicle running on rails, and specially designed to pull, push or move trailers, semi-trailers, implements or machines; | ||
| (c) | "trailer": any vehicle designed to be coupled to a motor vehicle or tractor; | ||
| (d) | "semi-trailer": a trailer without a front axle coupled in such a way that a substantial part of its weight and of the weight of its load is borne by the tractor or motor vehicle; | ||
| 3. | "driver" means any person who drives the vehicle even for a short period, or who is carried in the vehicle in order to be available for driving if necessary; | ||
| 4. | "week" means the period between 00.00 hours on Monday and 24.00 hours on Sunday; | ||
| 5. | "rest" means any uninterrupted period of at least one hour during which the driver may freely dispose of his time; | ||
| 6. | "permissible maximum weight" means the maximum authorised operating weight of the vehicle fully laden; | ||
| 7. | "regular passenger services" means national and international services as defined in Article 1 of Council Regulation No. 117/66/EEC of 28 July 1966 on the introductionof common rules for the international carriage of passengers by coach and bus. | ||
Article 4 Exemptions include:
| 1. | Vehicles used for the carriage of goods not exceeding 3.5 tonnes maximum permissible weight (including any trailer or semi-trailer); | |
| 2. | Vehicles used for the carriage of passengers constructed or equipped to carry not more than 9 persons including the driver; | |
| 3. | Specialised breakdown vehicles; | |
| 4. | Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which are not yet in service; | |
| 5. | Vehicles used for the non-commercial carriage of goods for personal use; and | |
| 6. | A vehicle being used for driving instruction with a view to obtaining a driving licence. | |
| Note: this does not apply if the vehicle or any trailer or semi-trailer attached to it is carrying goods on a journey for hire or reward, or in connection with any trade or business. |
Secondary Couplings and Break-away cables
The Road Vehicles (Construction and Use) Regulations 1986 (SI 1986 No. 1078) and amending Regulations.
Secondary Trailer Couplings
Trailers manufactured from 1 October 1982 must not be used on the road if they are not fitted with a device that stops them automatically if the main coupling between the towing vehicle and trailer breaks unless a secondary coupling is fitted which, if the main coupling breaks, the secondary coupling prevents the drawbar from touching the ground and some steering remains on the trailer.
This requirement also applies to trailers manufactured from 1 January 1997 having a maximum total design weight not exceeding 750 kg (Regulation 15).
BSAU 267: 1998
Scope
This Code of Practice provides recommendations for break-away cables and secondary couplings, and their attachment points, for light trailers or caravans up to a mass of 3,500 kg. It applies to trailers which do not have brakes or have overrun or inertia type braking systems only.
Definitions
| Break-away Cable | ("BC") | A break-away cable is a cable between the towing vehicle and the trailer including its fitments which, in the event of separation of the main coupling, activates the braking mechanism of the trailer. |
| Secondary Coupling | ("SC") | A secondary coupling is a coupling device between the trailer and towing vehicle which, upon separation of the main coupling, ensures that the two vehicles remain connected, prevents the drawbar touching the ground and provides residual steering for the trailer. |
| Secondary Couplings used for the retention of trailers in the event of main coupling separation should be designed to have an ultimate tensile strength of equivalent to at least twice the maximum permissable mass of the trailer. | ||
| Application | Trailers with a mass of up to 1,500 kg should be fitted with either a BC or SC. Trailers without brakes should have a maximum mass of 750 kg and should be fitted with a SC. It is recommended that all trailers with brakes should be fitted with a BC. It is required that trailers with a mass of between 1,500 kg and 3,500 kg be fitted with a BC. | |
| Attachment | The preferred method is by direct attachment. The sprung hook or clip on the end of the BC or SC should be attached directly to, or through, an attachment point on the towing vehicle. | |
| When the towing device fitted to the towing vehicle is removable without the use of special tools, then the SC or BC should be attached directly to an attachment point which should not be on, or part of, the detachable componant(s). | ||
| General | The BC should pass though a lug, guide or similar fitting on the trailer to ensure that, regardless of the relative angles of the trailer and the towing vehicle at the time of separation of the main coupling, there is a direct in line pull applied to the brake linkage of the trailer. |