Recovery Vehicle Definition.
It would appear, and this has now been confirmed by various members that VOSA have been very active recently in “stopping” recovery vehicles to investigate fully the vehicles that are being transported. On that basis it was felt advisable to fully investigate and confirm the actual meaning of a “recovery vehicle” to ascertain VOSA’s definition. It is suggested that these details should be kept for future reference in the event of any further “stops”.
1)..Schedule 3 to the goods vehicles regulations 1995, lists the categories of goods vehicles that are exempt from operator licensing. Schedule 3, paragraph 27 confirms that a “Recovery Vehicle” is exempt from the requirement for an operators license to be held. A “Recovery Vehicle” is defined in Part V of Schedule 1 to the Vehicle and Excise and Registration Act 1994, as; “A vehicle which is constructed or permanently adapted primarily for any one of the purposes of lifting, towing and transporting a Disabled vehicle”.
2)..The 1994 Act DOES NOT give a definition of “Disabled”. It is confirmed that VOSA’s view is that “Disabled” should be given its ordinary meaning from the Oxford English Dictionary, thus “rendered incapable of action or use”.
3)..Therefore, if the recovery vehicle will be used exclusively for the removal of a “Disabled vehicle” either from a place where it became disabled to a place where it is to be repaired or scrapped; or, from premises to which it was taken for repair to other premises at which it is to be repaired or scrapped, this would meet the criteria for recovery and an operators license will not be required.
4)..If a vehicle is repaired and then returned to the customer, this return journey is not classed as recovery and a goods vehicle operator’s license would be required.
5)..The following sub headings DO NOT in VOSA’s view, constitute recovery..
a)..Picking up cars or MOT failures from car auctions.
b)..Picking up cars from Scrap yards.
c)..Removing abandoned wheel clamped/abandoned vehicles from a road, unless that removal is under the instruction of the police of local authority.
VOSA advise that the above list is not exhaustive but should be considered a good indication of what activities may require an operators license.
With reference to the above where an HGV/trailer is used as a car transporter, for example delivering a NON DISABLED vehicle to a customer or dealership, this does not meet the criteria for recovery and a goods vehicle operator license would be required.
Where the NON DISABLED vehicle being transported is NOT the property of the operator of the recovery vehicle / transporter, for example when returning a repaired vehicle to a customer, this is considered to be the carriage of goods or burden for a third party and a “Standard” operators license would be required.
7)..Specialized Breakdown vehicle / tachographs…
VOSA advise that under Article 3 (f) of EU Regulations 561/2006 :
“Specialized Breakdown Vehicles operating within a 100km (62 miles) radius of their base” are identified as exempt from the EU drivers hours regulations. VOSA’s interpretation of this is as follows….
a)..Specialized breakdown vehicle normally used within 100kms receives an unforeseen call out that will exceed 100kms, the driver must put a chart/driver card in the tachograph and start recording the driving immediately following the receipt of the call.
b)..Specialized breakdown vehicle sets out on a journey where it is known that the 100km rule will be exceeded, driver must start using the tachograph from departure and record all driving.
VOSA’s view of a Specialized breakdown vehicle is one whose construction, fitments, or other characteristics were such that it would be mainly used for removing vehicles that had recently been involved in an accident or had broken down for another reason. The generally accepted carrying capacity being one on top and one behind (Slide and tilt and spec lift).
Certificate of Technical Competance Announcement
Initial Continuing Competence period is extended to 29th February 2012.
Information update August 2011 following a meeting with WAMITAB which we have been asked to bring to the attention of our members. It consists of a practice test and a tutorial both of which have been designed to help people before taking the test. The links are as follows:
What if I have already taken my test ?
If you have already taken your test to meet the original date of 28th February 2011 then the validity of your Continuing Competence certificate will be extended by one year, which means you will have to take another test between 1st March 2012 and 28th February 2014. This ensures that those that have already qualified are not disadvantaged.
It is confirmed that WAMITAB will not be issuing revised Continuing Competency certificates as the Environment Agency is aware of this extended timeframe and their database will reflect the changes.
What should I do if I want to make use of this extension ?
4)..Name of Continuing Competencey(s) you intend to take.
Candidates will still need to book their own tests through the WAMITAB web site in the normal way; bookings are currently being taken up to the 28th February 2011. For bookings between 1st March 2011 and 29th February 2012 (The extension period), WAMITAB/CIWM will provide further information on their web sites as to when bookings for these dates can be made- don’t forget to register your interest with WAMITAB if you will be needing a test within the time extension.
What happens after March 1st 2012
The two year cycle for taking the test will recommence from this date.
Further information, visit www.wamitab.org.uk/continuingcompetence or telephone 01604 231950
Environment Agency Consignee Returns for Hazardous Waste NOTICE
What do you need to do?
· Every three months you must send us a summary of all the hazardous waste you have received over that period. These are called Consignee Returns.
· This information includes details from the consignment note, which must accompany the movement of hazardous waste.
· You must submit your consignee return within a month of the end of each quarter. The next deadline for submitting returns is 30 April 2010.
· However, if the ELV has come direct from a householder there is no requirement for the waste to be consigned and therefore there is no requirement to send us consignee returns for these movements.
· The Consignee Returns must be sent to our Finance department in Peterborough. You must not send them to your local Environment Agency office.
· We have a system in place which lets you make these returns electronically. Alternatively, you can send us paper copies.
· You must use the format we have set for submitting returns.
Where can you find out more information?
· On our website at www.environment-agency.gov.uk/elvhazwasteregs
· Call our general enquiries line 08708 506 506 (Mon-Fri 8am – 6pm)
· Speak to your local inspector
What happens if you do not send this information?
· It is an offence not to submit a consignee return when required, under Regulation 53 of the Hazardous Waste (England and Wales) Regulations 2005.
· Failure to comply with this may result in enforcement action being taken against you.
· You could receive a fixed penalty notice costing you £300 if you do not submit the returns on time.
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