Legal Position: Towing Vehicles on a Towbar
R H Johnston

In the Autumn 1989 edition of Spotlight (page 9) information was sought on the legal position when a car is towed on a towbar.

Under the statute and case law which relates to the matter, the towed vehicle is a trailor, and so will be covered by most car insurance policies applying to the towing vehicle (NB towing is sometimes excluded). If the towed vehicle has to be disconnected from the towing vehicle the insurance will cease to be operative, and a serious endorseable offence is committed.

As a trailor, the towed vehicle is required to have brakes, unless the towed vehicle is less than half the weight of the towing vehicle. This is difficult to arrange without having someone inside the towed vehicle (and this may itself cause insurance complications.

Moreover the towed vehicle does not cease to be a "motor vehicle". The law regards the presence of a motor vehicle on the public highway as being "used" on the public road. It is therefore required to have a valid MOT certificate and be taxed. This obligation is not removed by the vehicle being made incapable of being moved under its own power, either temporarily or permanently (by for instance removing the engine or any other parts). It still remains a motor vehicle even if it is almost totally dismantled!

Furthermore vehicles used on a public road must be road worthy and satisfy the construction and use regulations. For example the tyres must be good, and if they are not there could be endirsements on your licence for each one.

The only legal solution to transport of a non-taxed non-MOTed vehicle is to tow it on a proper trailor with all the wheels of the vehicle off the road. It is not sufficient to lift one end off the road, or even to put each end on a set of separate bogies with the vehicle used to join them together.

It may well be true that the police will often turn a blind eye to towing vehicles of this sort (at least if they are not obviously dangerous). The number of offences committed is potentially large, and it could lose you your licence. If there was an accident, you would certainly be in for trouble. Is it worth it?

Whilst great care is taken to ensure that the technical information and advice offered is of the highest standard, neither the author, nor The Austin A30/A35 Owners Club, or the Officers of the Austin A30/A35 Club accept any liability at law for any death, injury or loss whatsoever arising from the use of advice contained in this article.

Legal Position: Towing Vehicles on a Towbar R H Johnston

Legal Position: Towing Vehicles on a Towbar
R H Johnston