Paragraph 8

England, Wales and Scotland

(1)

In this Schedule “recovery vehicle” means, subject to the provisions of this paragraph, a vehicle which is either constructed or permanently adapted primarily for the purposes of lifting, towing and transporting a disabled vehicle or for any one or more of those purposes.

(2)

Subject to sub-paragraph (3) below, a vehicle which is constructed or permanently adapted as mentioned in sub-paragraph (1) above shall not be a recovery vehicle if at any time it is used for any 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; and

(d)

carrying . . . F1 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 F2and

(e)

any purpose prescribed for the purposes of this sub-paragraph

(3)

At any time when a vehicle is being used for purposes specified in paragraphs (a) and (b) of sub-paragraph (2) above, the following uses shall be disregarded in determining whether the vehicle is a recovery vehicle—

(a)

use for the carriage of any person who immediately before a vehicle became disabled, was the driver of or a passenger in that vehicle;

(b)

use for the carriage of any goods which, immediately before a vehicle became disabled, were being carried in the disabled vehicle; and

(c)

use for any purpose prescribed for the purposes of this F3sub-paragraph.

F4(4)

A vehicle which is constructed or permanently adapted as mentioned in sub-paragraph (1) above shall not be a recovery vehicle if at any time the number of vehicles which it is used to recover exceeds a number specified by an order of the Secretary of State made for the purposes of this sub-paragraph.

(5)

The power to make an order under sub-paragraph (4) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Annotations

Textual amendments

F1: Words repealed by Finance Act 1989 (c. 26, SIF 107:2), ss. 9, 187(1), Sch. 17 Pt. II Note 1
F2: Words added by Finance Act 1988 (c. 39, SIF 107:2), s. 4(3)(b)
F3: Word substituted by Finance Act 1988 (c. 9, SIF 107:2), s. 4(3)(c)
F4: Sch. 3 Pt. I para. 8(4)(5) inserted by Finance Act 1988 (c. 39, SIF 107:2), s. 4(3)(d)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))