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Vehicles (Excise) Act 1971 (Repealed 1.9.1994)
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Changes over time for: Paragraph 8
Version Superseded: 01/09/1994
Alternative versions:
- 01/02/1991- Amendment
- 20/03/1991
Point in time - Stop date 01/09/1994- Amendment
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Point in time view as at 20/03/1991. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Vehicles (Excise) Act 1971 (Repealed 1.9.1994), Paragraph 8.
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8(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.]
Textual Amendments
F1Words repealed by Finance Act 1989 (c. 26, SIF 107:2), ss. 9, 187(1), Sch. 17 Pt. II Note 1
F2Words added by Finance Act 1988 (c. 39, SIF 107:2), s. 4(3)(b)
F3Word substituted by Finance Act 1988 (c. 9, SIF 107:2), s. 4(3)(c)
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