Tow Legal - Tow Safe

Towbars

Legislation enacted on 1 August 1998 (effective on "S" registration passenger cars, estates and car derived vans - class M1 vehicles) requires that:

• Manufacturers have to state that a vehicle is designed to accept fitment of a towbar;
• Manufacturers have to state the vehicles' designed towing and nose-weight capacities;
• Vehicle manufacturers have to divulge the towbar interface to towbar manufacturers;
• Towbar manufacturers have to design and test their towbars to utilise the interface and sustain the loads consistent with the stated towing and nose-weight capacities; and
• Type-Approval authorities test and approve specimen towbars, issue a type-approval number, that is then affixed to every towbar manufactured by that company, for that vehicle.

Accordingly:

• The fitment of a towbar to a vehicle that is not designated a tow vehicle (the Ford Ka is an example) is illegal; and
• The fitment of a non-type approved bar to any group M1 vehicle that is registered "S" or subsequent is illegal.

Over the course of the two week-ends, one "S" registered vehicle was found towing with a non-type approved towbar. It transpired that the vehicle in question was a company car; the driver had asked his employer to fit a tow-bar for his personal use. The employer sought the consent of the vehicle leasing company, before sending the car to have a towbar fitted locally.

Under the terms of the legislation:

• The driver is using the towbar illegally;
• The employer is permitting the towbar to be used illegally; and
• The towbar fitter is causing the illegal use of a towbar, by virtue of failing to fit a type approved model.

As yet, to the best of TTAS' knowledge, the courts have yet to explore and define the terms of the legislation; but I believe that, under the Plating Regulations, if the plated design criteria (as detailed on the type approval plate) is exceeded, this could in itself constitute an offence, by virtue of "overloading" a safety critical component.

Goods Vehicles (Plating and Testing) Regulations

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