The guidance below was issued by the Department for Transport on 2nd October 2023.
Guidance for roadside rescue and recovery operators on Orders issued under Section 44 of the Road Traffic Act to fit and use rear-facing red flashing lamps on breakdown vehicles.
Guidance for roadside rescue and recovery operators on Orders issued under Section 44 of the Road Traffic Act to fit and use rear-facing red flashing lamps on breakdown vehicles.
1. Background
The Government recognises the importance of roadside rescue and recovery operators and the significant role they play in day-to-day vehicle recovery operations. The Department for Transport is committed to road safety and continues to take action to address safety concerns raised by the recovery industry.
To help address these concerns, the Department plans to amend regulations to permit roadside rescue and recovery operators the use of rear-facing red flashing lamps under specified operating conditions. The regulatory amendments are not expected to enter into force until 2025 but, as an interim measure, the Department is offering operators the opportunity to apply now for a Vehicle Special Order (VSO).
The VSO will permit vehicles covered by the order to be fitted with up to four optional rear-facing flashing red lamps, providing: -
(a) they have a flash rate of between 60 and 240 equal times per minute
(b) the intervals between each display of lights shall be constant
(c) they are linked to a functioning vehicle interlock which permits their activation only when the vehicle is stationary and automatically deactivates them when the vehicle reaches a speed exceeding 5 mph.
The VSO will also limit the use of rear-facing flashing red lamps to times when the vehicle is used in connection with, and in the immediate vicinity of an accident or breakdown.
2. Overview of this guidance note.
This guidance provides background information about the process for an Order being issued, the terms and conditions being applied and safety information that the drivers of vehicles operating under the Order must be made aware of. The following table provides an overview of this guidance note:
| Para | Summary |
| 3 | Conditions under which the Order may be issued. • Sets out the process for determining when an Order might be granted to allow breakdown vehicles to fit and use rear-facing red flashing lamps on UK roads |
| 4 | Legal basis for granting exemption (an “Order”). • Sets out the legal provisions that allow Orders to be issued. |
| 5 | Applications to operate vehicles under Section 44 Order. • How recovery operators can apply to operate qualifying vehicles under the Order. |
| 6 | Key aspects of the Order. • The Order imposes terms and conditions that must be met by breakdown vehicles operating under the Order. • This section provides the terms and conditions that are imposed by the Order. |
| 7 | Important safety information the operator must provide to recovery technicians operating vehicles fitted with rear-facing red flashing lamps. • This section sets out potential safety issues to be considered by operating technicians who may use on breakdown vehicles fitted with rear-facing red flashing lamps. |
3. Conditions under which the Order may be issued.
Section 44 of the Road Traffic Act (RTA) allows the Secretary of State (SofS) to authorise, by Order, the use on roads of special motor vehicles or trailers that do not fully comply with RVLR. In practice, these Orders are issued by officials (on behalf of the SofS) to enable a range of special vehicles to be used on the road.
If considered appropriate, the Secretary of State for Transport will grant an Order extending the permitted use of rear-facing red flashing lamps to breakdown vehicles and a copy will be sent to each Specified Person (see paragraph 5) that has submitted an application. Only on receipt of a copy of the Order with their name listed upon it, may the Specified Person operate vehicles fitted with rear-facing red flashing lamps on GB roads under the terms and conditions specified.
4. Legal basis for granting temporary a temporary exemption (an “Order”).
The RVLR, which are made under Section 41 of RTA, set out the permitted lighting functions for breakdown vehicles that are used on public roads in Great Britain. Under these Regulations only police vehicles are authorised to use red flashing lamps. Ambulance Service, Fire Service and National Highway Traffic Officers are also allowed the use of red flashing lamps by powers of s44 of RTA to assist their passage through congested traffic to resolve incidents. Recovery operators are currently permitted to fit and use amber warning beacons while attending to breakdown incidents.
The SofS has powers under S44 of the RTA to authorise the use on the road of vehicles that do not comply with the requirements of regulations made under Section 41 of the RTA. The SofS may consider using those powers to issue an Order to permit breakdown vehicles to fit and use rear-facing red flashing lamps on GB roads. The Order will specify terms and conditions to mitigate any potential effects of operating vehicles outside the ‘usual’ regulations. A Section 44 Order has been prepared for road recovery operators wishing to fit and use red flashing lamps pending when regulatory amendments to RVLR come into force.
5. Applications to operate vehicles under the Section 44 Order.
Road recovery operators wishing to fit and use rear-facing red flashing lamps on their breakdown vehicles while stationary in the immediate vicinity of an accident or breakdown should apply to the Vehicle Certification Agency advising that they wish to participate. Applications should be submitted to michael.hepworth@vca.gov.uk and may be submitted at any time but must include:
a) Name and address of person / organisation making the application,
b) The name of the “Specified Person”. The specified person will be the name of the company or organisation that will be responsible for ensuring any vehicles operating under the Order comply with the terms and conditions being imposed.
c) Details of persons / organisations who will be using the vehicles, if different from (a), and,
d) Confirmation that this guidance note has been understood and that steps have been implemented within the organisation to ensure that all drivers have received appropriate guidance.
Only on receipt of a copy of the Order may the Specified Person operate breakdown vehicles fitted with up to four (4) rear-facing red flashing lamps under the terms and conditions specified by the Order.
6. Key aspects of the Order
6.1 Time limit
Unless revoked or extended, the Order will be valid from the date of issue until the expiry date specified on the Order. It is anticipated that an Order will be issued for periods of approximately 5 years.
6.2 Vehicles in scope of the Order
All vehicles under the control of the Specified Person meeting the requirements for operation under the Order will be permitted to operate under the Order. The terms and conditions specified on the Order must be met at all times. It should be noted that failure to comply with the terms and conditions would not in itself be an offence, but the Order would be invalid, and this could result in action being taken against the operator/driver for operating/driving a vehicle fitted with illegal lighting function.
Sections 6.3 and 6.4 of this guidance provide information on the requirements specified on the Order, but the Order should be regarded as the legal requirements.
6.3 Exemptions from the Road Vehicles Lighting Regulations 1989
The Order disapplies only the lighting function requirements for breakdown vehicles which is set out in Regulation 13 of RVLR. All other requirements of these regulations continue to apply to breakdown vehicles operating under the Order.
6.4 Roadworthiness testing
The specialist and complex nature of vehicles frequently granted a VSO means that they are automatically exempt from annual roadworthiness testing. However, for breakdown vehicles fitted with rear-facing red flashing lamps operating under a VSO, this exemption will not apply, and the Order will be annotated accordingly.
The Specified Person should therefore ensure that any motor vehicle and/or trailer operated under the Order is plated and tested in accordance with the Goods Vehicle (Plating and Testing) Regulations 1988 (i.e., each motor vehicle and trailer must have a valid plating and MOT certificate).
7. Important safety information the operator should provide to drivers of breakdown vehicles fitted to use rear-facing red flashing lamps.
Operators should ensure that recovery technicians are aware that the use of rear-facing flashing red lamps might be distracting and cause excess glare to pedestrians and operators working around the vehicle. Recovery technicians should wear hi-vis and should continue to comply with best practice operating procedures to ensure their safety and those of their clients and other road users.