Finance Act 1987

Part II U.K. Recovery Vehicles

Interpretation U.K.

1 In this Part of this Schedule—

• “the 1971 Act” means the M1 Vehicles (Excise) Act 1971; and

• “the 1972 Act” means the M2 Vehicles (Excise) Act (Northern Ireland) 1972.

Marginal Citations

M1 1971 c. 10.

M2 1972 c. 10 (N.I.).

2 At the end of Part I of Schedule 3 to each of the 1971 Act and the 1972 Act there shall be added—

“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 any load other than 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.

(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 paragraph.”

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 1 Pts. I, II para. 3 repealed by Finance Act 1990 (c. 29, SIF 107:2), s. 132, Sch. 19 Pt. II (in relation to licences taken out after 20.3.1990)

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 1 Pt. II para. 4 repealed by Finance Act 1989 (c. 26, SIF 107:2), s. 187(1), Sch. 17 Pt. II (in relation to licences taken out after 14.3.1989)

Exclusion of recovery vehicles from trade licences U.K.

5 In section 16 of the 1971 Act (trade licences)—

(a) in subsection (1)(i) the words from “and all recovery vehicles” to “that business” shall be omitted;

(b) in paragraph (a) of the proviso to subsection (1) the words from “except” to “disabled vehicle” shall be omitted;

(c) in subsection (3) paragraph (b) shall be omitted and at the end of paragraph (e) there shall be added the words “other than a trailer which is for the time being a disabled vehicle”; and

(d) in subsection (8) the definition of “recovery vehicle shall” be omitted.

6 In section 16 of the 1972 Act (trade licences)—

(a) in subsection (1)(a) the words from “and all recovery vehicles” to “that business” shall be omitted.

(b) in subsection (2)(a) the words from “except” to “disabled vehicle” shall be omitted.

(c) in subsection (4) paragraph (b) shall be omitted and at the end of paragraph (e) there shall be added the words “other than a trailer which is for the time being a disabled vehicle”; and

(d) in subsection (10) the definition of “recovery vehicle” shall be omitted.