MOT exemption

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MOT exemption

Postby Bern » Mon 03.12.2018, 13:10

OK, another non-Elan query, sorry!

I'm hoping that one of you will understand the MOT exemption details better than I do.

To me it looks like you can declare a vehicle of more than 40 years old as a VHI (Vehicle of Historic Interest), and then not need an MOT (provided it meets the other modifications criteria etc).

Or when you apply for the tax (£0.00) you can fill in an MOT exemption form - but that has to be done at a Post Office.

I've read about it on a few sites, and can't see that the vehicle needs to have an MOT at the point of declaration, but I'm sure I've heard that it needs to currently have a valid MOT? Otherwise what's to stop people just pulling something that has been stood for 20 years out of a barn, insuring it and then driving on the roads? Of course you would be, in the event of an accident, liable for a car not being roadworthy, but I'm guessing that's another can of worms waiting to be opened!

And I need to wait another 11 years before the Elan becomes exempt, I imagine the rules will have changed by then!
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Re: MOT exemption

Postby dapinky » Mon 03.12.2018, 15:26

Bern,

I am one of those people who you refer to as 'pulling a car out of a barn and using it' :D :D

Okay, it wasn't in a barn, and I'm NOT actually using it.... BUT - that is how it works! (and when it does go on the road it will be better than the day it left the Longbridge factory in 1974).

The process (for me) was very simple - the car has been off the road for over 20 years...... ie, before SORN existed, so it may be different if a car is on SORN (which is the same legal status as 'taxed' for the purpose of these rules).

I waited until we moved house (a year ago) and sent all of our V5s off to DVLA..... 3 just for a simple change of address, and the Triumph one amended to 'Historic Vehicle' in the 'taxation class' box, as well as the address change.

All 4 came back seperately, but (surprisingly) the Triumph was dealt with quickest - I thought that it may be awkward as it pre-dated SORN, so there was no recent record of it on any computerised databases to which the public have access.

When it arrived, it was accompanied by a VEL notification to say that it was considered to be taxed until 1st January 2018... this confused me, as it clearly hadn't got an MOT, and is covered by Off-road (restoration) insurance.

Thus I contacted DVLA, and they told me that the insurance check doesn't differentiate between On-Road and Off-Road policies, as long as the vehicle is covered :shock: :? , and that as it wouldn't need an MOT after May 2018, they were happy to consider it 'taxed'.......

As such, it will never NEED to be presented for any form of physical check ever again.... not to say it won't get one, but it doesn't NEED one.

As you say, the onus is on the driver to keep the vehicle in a condition that satisfies all other legislation (Con & Use, Lighting etc), or risk sanction.

In my case (as I consider myself to be both fairly competent and sensible), I don't have a problem with the system - but I share your concerns for those who like to buy a shed for £75 from a scrapyard, keep it a year or 2, and then never need an MOT to drive on a road.

Also, nowt has been said about what happens if a 'Historic Vehicle' fails an MOT........ (I wouldn't buy an expensive older car without it being tested)..... or even if a garage would want to do a test on an older car (is it financially viable to spend an hour and charge £35 for it???) - but that said, when my old Triumph went for an MOT, there were so few items to check that it only took 20 minutes anyway - including the road drive to do the brakes (it couldn't go on the rollers as it had an LSD fitted).
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Re: MOT exemption

Postby Bern » Mon 03.12.2018, 16:17

Thanks for the detailed reply there Dave, much appreciated.

I'm going to look at a 1967 Land Rover that was last MOTd in August 2017 when it passed with no advisories. So the MOT expired in August 2018.

I will MOT it (just for peace of mind), but I want to drive it back legally (about 40 miles). So it seems that I could fill in my new address details on the V5 and also change the taxation class before the current owner sends it off.

And at a Post office get the free tax (it's currently SORNd) and declare it MOT exempt. As long as the Insurance is sorted it should be good!
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Re: MOT exemption

Postby Simon_P » Mon 03.12.2018, 16:24

MOT exemption is automatic. If the car is over 40 years old and not " Modified " it is exempt. The MOT test is controlled by VOSA.

The DVLA keep vehicle records. If you wish to change the Taxation class you have to apply to DVLA.

As you mention it is your responsibility to ensure that the vehicle is roadworthy, how do you do that if you work on your own car... take it for an MOT of course!

The exemption is complete nonsense dreamt up by the EU with the aid of accountants.
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Re: MOT exemption

Postby Simon_P » Mon 03.12.2018, 16:49

dapinky wrote:When it arrived, it was accompanied by a VEL notification to say that it was considered to be taxed until 1st January 2018... this confused me, as it clearly hadn't got an MOT, and is covered by Off-road (restoration) insurance.

Thus I contacted DVLA, and they told me that the insurance check doesn't differentiate between On-Road and Off-Road policies, as long as the vehicle is covered , and that as it wouldn't need an MOT after May 2018, they were happy to consider it 'taxed'.......


It most certainly does! The person you spoke to is wrong and incompetent. The Law requires the vehicle to be Insured for use on the road in order for vel to be issued.

This happened to an elderly friend of mine. The car wasn't insured at all but the DVLA made a (frequent) mistake and issued him with Road Rax at £0.00. A month or so later they wrote to him saying that his car wasn't insured, and if he didn't insure it he should SORN it or he would face a fine and the vehicle could be crushed - He ignored it as the car has no wheels or bodywork and hasn't been on the road for 60 years he didn't ask for the tax and it cost nothing.
A month or so later he received another letter informing him that he had a £100 fine for not insuring it. He phoned the DVLA and explained that it wasn't insured as it had no wheels and no body - The response from the DVLA was Nothing doing pay up or we will take further action (you know what arguing with the Government is like!)

He wrote the cheque for the fine and was about to post it when he relayed the sorry tale to me, so I offered to call the DVLA on his behalf. I politely explained the situation and that there must be a mistake , Nothing doing pay the fine! So I said "would you like to explain please how you have issued Road tax for a car that isn't and hasn't been insured when the law requires that it is insured in order for the DVLA to issue Road Tax" There was a pause before the gentleman on the other end of the phone said "we will look into it" the result was a letter saying in line with your request we have Sorned the vehicle and the fine has been cancelled Not a word of apology though.
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Re: MOT exemption

Postby Simon_P » Mon 03.12.2018, 17:01

Bern wrote:I will MOT it (just for peace of mind), but I want to drive it back legally (about 40 miles). So it seems that I could fill in my new address details on the V5 and also change the taxation class before the current owner sends it off.


If it is has an MOT and has been used on the road any time in the last 25 years, unless the previous owner liked paying tax it will already have the taxation class as an historic vehicle.

You don't need an MOT

You do need insurance - add it to the policy a couple of days before so that the database has a chance to catch-up (no risk as you ahve 14 days to change your mind)

Do the V5 transfer online when you collect the vehicle - ensures the docs are legit and saves posting it.

Tax the vehicle online using the V5/2 - Here!
https://www.gov.uk/car-tax-disc-without-v11-reminder

Job done all legal before you get in and turn the key
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Re: MOT exemption

Postby Fredjohn » Mon 03.12.2018, 17:14

My old Elan is tax exempt and now MOT exempt. However, the tax was renewed on 1st May 2018 and the MOT expired later that month. It has not been re-MOT'd. I checked with DVSA today and I can legally drive the car on the road as it is recognised as a historic vehicle.
HOWEVER when I re-tax it next year (£0) they advised I will need to do it at the PO and also complete the V112 to confirm its HV status. This currently cannot be done online, but come next April the systems may have caught up and it can be.
I await DVLA modernisation!
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Re: MOT exemption

Postby Bern » Mon 03.12.2018, 17:19

Thanks Simon.

It had an MOT until August, but now expired. And it is currently SORNd.

So I would need to get the free tax to legally drive it, and to do that I'd need Insurance, as you say.

It's not currently declared as a VHI, and I don't think it needs to be to get the free tax. But I think it does need to be to get the free tax without having a current MOT. Alternatively you can fill in an MOT exemption form at the post office (on which you declare no mods) when you tax it. That option is not currently available online. If not declared as a VHI you have to fill in that form every time you tax it. At least that's what I understand from reading online, but obviously I'm not sure so it's good to get your advice.
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Re: MOT exemption

Postby Bern » Mon 03.12.2018, 17:21

Fredjohn wrote:My old Elan is tax exempt and now MOT exempt. However, the tax was renewed on 1st May 2018 and the MOT expired later that month. It has not been re-MOT'd. I checked with DVSA today and I can legally drive the car on the road as it is recognised as a historic vehicle.
HOWEVER when I re-tax it next year (£0) they advised I will need to do it at the PO and also complete the V112 to confirm its HV status. This currently cannot be done online, but come next April the systems may have caught up and it can be.
I await DVLA modernisation!


Ahah, that ties in with what I've read!
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Re: MOT exemption

Postby dapinky » Mon 03.12.2018, 17:48

Simon_P wrote:
dapinky wrote:When it arrived, it was accompanied by a VEL notification to say that it was considered to be taxed until 1st January 2018... this confused me, as it clearly hadn't got an MOT, and is covered by Off-road (restoration) insurance.

Thus I contacted DVLA, and they told me that the insurance check doesn't differentiate between On-Road and Off-Road policies, as long as the vehicle is covered , and that as it wouldn't need an MOT after May 2018, they were happy to consider it 'taxed'.......


It most certainly does! The person you spoke to is wrong and incompetent. The Law requires the vehicle to be Insured for use on the road in order for vel to be issued.


I agree that a vehicle needs to be covered for 3rd Party Risks to enable it to be taxed, my explanation was incomplete and reads badly - as it happens, the policy I have with Classicline DOES cover 3rd Party Risks, even though it is a restoration policy. It changed a bit when we moved house, as prior to that it was kept in a locked garage, but as i have no garage here (yet!) it is on the drive, so they changed the policy wording, and it includes 'minimum cover for Road Traffic Act' bit... all a bit 'wordy' but still only £43 a year. Obviously, if I were to be silly enough to actually use it (which would be a feat in itself as it isn't rebuilt), then I would be liable for any financial loss to myself or any other property as the cover is purely for personal injury to anyone other than me.

That said, my road has yet to be adopted by the Highways Authority, so i can park and drive it for a couple of hundred meters anyway without tax/registration - all other bits of legislation apply to the 'road' though due to the different definitions of what makes a 'road' under different parts of the law.

(but that is before we get into any discussions/arguements as to what actually constitutes a 'Motor Vehicle', and what constitutes a trailer/skip/shed/pile of rubbish)
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Re: MOT exemption

Postby Bern » Wed 05.12.2018, 09:27

Thanks for the help chaps, turns out this Land Rover was the proverbial shed, I'm not sure how it got it's last MOT, and I wouldn't have been happy driving it on the road!
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