# Vehicles (Excise) Act 1971 (Repealed 1.9.1994), Paragraph 8

Extent: E+W+S

(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 . . . 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 and
(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 sub-paragraph.
(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.

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Source: https://www.legislation.gov.uk/ukpga/1971/10/schedule/3/paragraph/8 (the official version)
Page: https://openlegislation.uk/vehicles-excise-act-1971-repealed-191994/schedule-3/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

