Tools of the Trade

I'm hoping this will be a short thread to clarify a point of law re bailiffs having just read a good post by Ex Bailiff 31, but he has now mentioned this point a few times.

It is generally known that a bailiff is not permitted to remove 'tools of ones trade.'

My question is simple (well simple to ask!):

When does a vehicle cease to be your car (which can be levied on), and become a tool of your trade (which cannot).

I know there are obvious examples-eg- an Ice Cream Van, but there are less clear examples. For example, a mobile mechanic, the tools are those he needs to perform the mechanics work, which don't include the car. There was another case recently of someone like a carpenter who needed the car to get from call to call, and it was not deemed a tool of the trade.

Where is the line drawn? Is this line actually set out in law / guidelines anywhere? If so, where?

Thanks - didn't want to hijack the original post with this question.

[ExBailiff31]

Re: Tools of the Trade

Casper,

This is a great question and one that can't be simply answered!, but to give it some clarity for a vehicle to be deemed a tool of the trade it must be the tool by which the person easns his/her income example taxi driver or ice cream van, just using a vehicle to get to and from work is only a matter of Convenience and can be over come (all be it with some difficulty) by public transport or car sharing.
I understand in cases where people carry lots of tools in their vehicles (for example builders) with them that this becomes very difficult but the fact remains that removing a vehicle IN MOST CASES does not take away the ability for someone to earn money.

[Mrs James]

Re: Tools of the Trade

Where is the line drawn? Is this line actually set out in law / guidelines anywhere? If so, where?

The only thing I can find so far, is this taken from 'Ask the police' database. Still doesn't clarify the position 100% though.

Property
There is certain property that bailiffs cannot seize, for example, tools, goods, vehicles and other equipment necessary for use by you in your employment or business, clothing, bedding furniture, basic household equipment

Vehicles

• A bailiff can seize a vehicle unless it is in hire purchase, finance agreement or used by you in the course of your employment.

PNLD FAQ Alphabetical List -

[Caspar]

Re: Tools of the Trade

Thanks both - I appreciate your answers. As I'm sure you yourselves realise there remains an extremely large grey area here.

Ex-B Is there any legislation or guidelines regarding this issue? Even a handbook giving advice to bailiffs as part of their training?

It needs clearing up!

For example, let me use an example. I play the piano. I own an extremely heavy keyboard that takes two people to carry it. Say I used this keyboard (I don't) to travel round old folks homes earning my living, is my car then a tool of the trade?

Your example of a builders lorry - tool of the trade?

[Mrs James]

Re: Tools of the Trade

I've found posts on other forums which state that if the vehicle is registered as a works only vehicle then they can't take it. But can't find anything anywhere to back that up.

[calamity jane]

Re: Tools of the Trade

Found this on the Association of Enforcement Agencies website.

I think my vehicle is a tool of the trade, can it be seized?

There is a distinct difference between a vehicle that you may consider necessary or even essential and one that is classed as a tool of the trade. For a vehicle to be a ‘tool of the trade' it is essential that the particular vehicle is both necessary for use in your business and used solely for your own personal business use. An exempt vehicle might be a vehicle used as a taxi, or a van signed for the business, and insured for business use only, provided that they satisfy the criteria above. If any other vehicle could be used as a substitute for your work purposes, for example a hired car, then the vehicle is less likely to be classed as a ‘tool of the trade'. A vehicle used for commuting to work is not a ‘tool of the trade'.

A limited company cannot claim the benefit of this exemption.

http://www.acea.org.uk/faq/


CJ

[Caspar]

Re: Tools of the Trade

Excellent - thanks Calamity, I think that clarifies it pretty clearly.

The crux is obviously if I could borrow another vehicle could I continue my work? If yes, then it's NOT a tool of the trade. If no, then IT IS a tool of the trade.

Well done for finding that!

[ExBailiff31]

Re: Tools of the Trade

I've found posts on other forums which state that if the vehicle is registered as a works only vehicle then they can't take it. But can't find anything anywhere to back that up.

This is very misleading as for example if the debt was for a business then assets belonging to that business may be seized including vehicles but if its for a certain person or persons then it falls into this grey area as to wether it's a tool of the trade or not.

[Caspar]

Re: Tools of the Trade

So as a rule of thumb, would you agree with post 7? (Courtesy of Calamity Jane)

[ExBailiff31]

Re: Tools of the Trade

So as a rule of thumb, would you agree with post 7? (Courtesy of Calamity Jane)

No!, it's not really something thats cut and dry and besides that under this ruling you could go out and hire a replacement vehicle or if you are registered as a limited company then this rule does not apply, I'm sorry to sound like i'm arguing but it's just to subjective for me.

[Caspar]

Re: Tools of the Trade

I don't mind you disagreeing at all. It would be good to have something more objective from someone though. I fail to believe that a levy of a vehicle can't be prescribed in some way, somewhere.

The whole point of asking the question was to try to get an answer. It seems crazy to me that a bailiff can potentially remove someone's livelihood and it cannot be argued one way or another whether the levy is valid or invalid.

It potentially opens up a whole can of worms over things which 'are clearly for children' or words to that effect. What do they mean - a PSP? Wii? Laptop? Remote control car?

Is it me, or is the law really this vague? If it is, then what can be done about it.

Do any other of our bailiff experts have anywhere to point us regarding this, or any other views on it?

[ploddertom]

Re: Tools of the Trade

Levies on vehicles are contentious issues and normally each has to be treated on its own merits. A self-employed salesman touting his samples round the area is unlikely to be able to claim his vehicle as a tool of his trade whereas a joiner may be able to.

Rule of thumb has been how the insurance has been but if more than one person on it has been refused. Others have succeeded even where it has been found the person has admitted taking his OH to the shops for their groceries as this is classed as not using it for SDP on a regular basis. There is no common ground.

PT