Sitting in car on a flatbed, legal?
Sitting in car on a flatbed, legal?
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Discussion

GT72

Original Poster:

6,802 posts

208 months

Sunday 12th April 2020
quotequote all
I’ve just watched a breakdown recovery vehicle drive past me with a Honda Jazz on the back. I was slightly surprised to see an OAP couple sitting in the Honda as it was bouncing along on the back of the flatbed.

I presume they were distancing themselves from the driver, but seemed a bit extreme. But then thinking about it, how else would they have got home, assuming they were too far away to walk.

PGN

221 posts

243 months

Sunday 12th April 2020
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Seems OK to me. Might get travel sick though.

Wacky Racer

41,314 posts

276 months

Sunday 12th April 2020
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GT72 said:
I’ve just watched a breakdown recovery vehicle drive past me with a Honda Jazz on the back. I was slightly surprised to see an OAP couple sitting in the Honda as it was bouncing along on the back of the flatbed.
What were they up to in there?

Teddy Lop

8,301 posts

96 months

Sunday 12th April 2020
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Without the ignition on I suspect many of the safety features might not work. But TBF whats likely to happen, you don't see that many flatbeds rolling over do you.

HustleRussell

26,500 posts

189 months

Sunday 12th April 2020
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Would be very surprised if legal

cuprabob

19,611 posts

243 months

Sunday 12th April 2020
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Wacky Racer said:
GT72 said:
I’ve just watched a breakdown recovery vehicle drive past me with a Honda Jazz on the back. I was slightly surprised to see an OAP couple sitting in the Honda as it was bouncing along on the back of the flatbed.
What were they up to in there?
Obeying the social distancing guidelines or maybe they just drove onto the back by accident as per 70s sitcom smile

shakindog

514 posts

179 months

Sunday 12th April 2020
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The breakdown clubs have temporarily changed their safe working guidelines due to the current situation.
Passengers can now be in vehicles on flat beds and as a temporary measure in cars that are being towed to safe location on the trailer.
The guidelines are tow to a safe location decamp the passengers to a taxi and continue on to destination. As taxis will not pick up from hard shoulder.
This is a temporary measure and as soon as the current situation is resolved will go back to normal.
Believe me it had been thought over long and hard discussed with the relevant authorities and is a very temporary measure.
The breakdown/recovery are still working and are as busy if not busier than usual.

martinbiz

3,698 posts

174 months

Sunday 12th April 2020
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shakindog said:
The breakdown clubs have temporarily changed their safe working guidelines due to the current situation.
Passengers can now be in vehicles on flat beds and as a temporary measure in cars that are being towed to safe location on the trailer.
The guidelines are tow to a safe location decamp the passengers to a taxi and continue on to destination. As taxis will not pick up from hard shoulder.
This is a temporary measure and as soon as the current situation is resolved will go back to normal.
Believe me it had been thought over long and hard discussed with the relevant authorities and is a very temporary measure.
The breakdown/recovery are still working and are as busy if not busier than usual.
Not really the answer though, I am sure you are right that they have changed their rules, the question is, is it legal?

meatballs

1,140 posts

89 months

Sunday 12th April 2020
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gov said:
Regulation 100 of the Road Vehicles (Construction & Use) Regulations 1986 (SI 1986 No. 1078) may apply. In summary, this regulation requires that:

a motor vehicle, and all its parts and accessories
the number of passengers carried, and the manner in which any passengers are carried in or on a vehicle
the weight, distribution, packing and adjustment of the load of a vehicle
are such that no danger is caused, or is likely to be caused, to any person in or on a vehicle or on a road.

Further to this, Section 40a of The Road Traffic Act 1988 (as amended by Section 8 of the Road Traffic Act 1991) Part II, Using a Vehicle in a Dangerous Condition, states that:

A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when:

the condition of the motor vehicle or trailer, or of its accessories or equipment, or
the purpose for which it is used, or
the number of passengers carried by it, or the manner in which they are carried, or
the weight, position or distribution of its load, or the manner in which it is secured
is such that the use of the motor vehicle or trailer involves a danger of injury to any person.
Stole above from article on carrying passengers in a horsebox. Not strictly illegal, but maybe...

shakindog

514 posts

179 months

Sunday 12th April 2020
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martinbiz said:
Not really the answer though, I am sure you are right that they have changed their rules, the question is, is it legal?
If it wasn’t legal it wouldn’t be happening generally the big names in the industry abide by the law.
Although they do operate in a very grey are regarding some things.
this has been discussed at very high levels within the companies and various different authorities.
So temporarily allowed and nobody will be prosecuted.
Unless mr fumbles mcstupid decides to have a party on the bed whilst moving they will be fine.
But given the alternatives regarding potential infection what would you have happen.
Leave broken down vehicles where they are and the passengers to fend for themselves.
Some of the folk knocking about it would probably be deserved.
The distance travelled while loaded and passengers on board is also being closely monitored.


MYOB

5,126 posts

167 months

Sunday 12th April 2020
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Cars are occasionally put on flat beds, with actors sitting in them pretending to drive during filming.

Must be legal.

Adrian E

3,359 posts

205 months

Sunday 12th April 2020
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meatballs said:
gov said:
Regulation 100 of the Road Vehicles (Construction & Use) Regulations 1986 (SI 1986 No. 1078) may apply. In summary, this regulation requires that:

a motor vehicle, and all its parts and accessories
the number of passengers carried, and the manner in which any passengers are carried in or on a vehicle
the weight, distribution, packing and adjustment of the load of a vehicle
are such that no danger is caused, or is likely to be caused, to any person in or on a vehicle or on a road.

Further to this, Section 40a of The Road Traffic Act 1988 (as amended by Section 8 of the Road Traffic Act 1991) Part II, Using a Vehicle in a Dangerous Condition, states that:

A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when:

the condition of the motor vehicle or trailer, or of its accessories or equipment, or
the purpose for which it is used, or
the number of passengers carried by it, or the manner in which they are carried, or
the weight, position or distribution of its load, or the manner in which it is secured
is such that the use of the motor vehicle or trailer involves a danger of injury to any person.
Stole above from article on carrying passengers in a horsebox. Not strictly illegal, but maybe...
As ever it's down to interpretation of the law by the person doing the enforcing. If people are sat in their cars, with seatbelts on, on the back of a recovery truck, no less safe than being inside the recovery truck cab itself.

I'm sure standard operating practice of having recovered vehicle occupants inside the cab is more to do with reducing the chance of people doing stupid things if left to their own devices.

meatballs

1,140 posts

89 months

Sunday 12th April 2020
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Adrian E said:
As ever it's down to interpretation of the law by the person doing the enforcing. If people are sat in their cars, with seatbelts on, on the back of a recovery truck, no less safe than being inside the recovery truck cab itself.

I'm sure standard operating practice of having recovered vehicle occupants inside the cab is more to do with reducing the chance of people doing stupid things if left to their own devices.
Yep presumably the biggest risks are a rollover which is unlikely, or the vehicle coming loose, but the latter can be mitigated with good checks and procedures.

imagineifyeswill

1,250 posts

195 months

Sunday 12th April 2020
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Ive been out of the breakdown/recovery business for 11 years now but it certainly didnt used to be allowed and pretty much sure there is a legal statute. It is illegal to have occupants in a caravan while it is being towed but you could have someone in a car whilst it was on a speclift.

We were once called to uplift a van which was partially converted to a camper and converted to carry a person who was totally wheelchair bound, it had a ramp, winch and clamps for the wheelchair, we had to call an ambulance to remove and transport the the wheelchair bound passenger before we were allowed to load and transport the vehicle.

anonymous-user

83 months

Sunday 12th April 2020
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It is used for filming for years so pretty common pratice in that world.

iDave

100 posts

215 months

Sunday 12th April 2020
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Last week I had an AA recovery truck pick up my dead work van to transport it back to the hire company depot near Heathrow (from Maidstone)
The driver was quite relieved I wasn't going to be travelling with the van as I would of had to stay in the van on the back of the truck!
I did ask the driver the legalities of it and he said because of the current situation this is how recoveries are happening. He mentioned that it would happen in normal times if a driver is disabled/wheel chair bound so it must be "legal" for it to go ahead, at least to get you somewhere safe to be picked up I guess!

Jimmy Recard

17,550 posts

208 months

Sunday 12th April 2020
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cuprabob said:
Obeying the social distancing guidelines or maybe they just drove onto the back by accident as per 70s sitcom smile
smile

john2443

6,541 posts

240 months

Sunday 12th April 2020
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Years ago my mates mum and grandma broke down, AA loaded the car onto the lorry then tried to get Grandma into the cab and she couldn't get up there so he unloaded the car, put her in it and loaded her and the car onto the truck.

Probably not legal but better than leaving her on the M25!

Matt_E_Mulsion

1,746 posts

94 months

Sunday 12th April 2020
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martinbiz said:
Not really the answer though, I am sure you are right that they have changed their rules, the question is, is it legal?
Yes it is and always was legal as long as 30mph is not exceeded. I'll try and find the relevant directive.

Matt_E_Mulsion

1,746 posts

94 months

Sunday 12th April 2020
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From the VOSA Guide to Recovery Operations: