jabbahutt
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 posted on 18/11/08 at 08:13 AM |
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driving to the DVLA inspection
Well here is the latest hot off the press from DVLA.
"You cannot drive any vehicle on the public highway that is not displaying a valid tax disc"
So that flys in the face of the fact that you can drive to the SVA test.
This is from the main DVLA not from a local office.
So what do you lot think to that then?
Cheers
Nigel
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matt_claydon
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| posted on 18/11/08 at 08:17 AM |
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It's bull since you can drive to an MOT untaxed as thousands of people do every week. Nevermind SVA.
The rules and exceptions are detailed clearly in the Vehicle Excise and Registration Act, available online.
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coozer
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| posted on 18/11/08 at 08:22 AM |
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and as the post title says, it is illegal to drive to DVLA.
Don't attempt it!
Although I've said Stockton were very good, smiling and all that, she did confirm the car was on a trailer and not driven before she went
outside.
Steve
1972 V8 Jago
1980 Z750
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jabbahutt
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| posted on 18/11/08 at 08:31 AM |
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Matt
Don't suppose you can post a link do you. If I can get a cast iron answer once and for all it will help everyone out who has yet to go through
this fiasco.
Cheers
Nigel
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jabbahutt
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| posted on 18/11/08 at 08:45 AM |
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okay all about to put the cat amonst the pidgeons:
Vehicle and excise act 1994 schedule 2, section 22 item 1
A vehicle is exempt when used solely for the purpose of:-
a) submitting it by prior appointment for a specified time on a specified date) for a compulsory test.
Lets see what they make of that.
Nigel
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matt_claydon
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| posted on 18/11/08 at 09:14 AM |
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quote:
Originally posted by jabbahutt
okay all about to put the cat amonst the pidgeons:
Vehicle and excise act 1994 schedule 2, section 22 item 1
A vehicle is exempt when used solely for the purpose of:-
a) submitting it by prior appointment for a specified time on a specified date) for a compulsory test.
Lets see what they make of that.
Nigel
The problem is it's not a compulsory test required by a written law*, just one that the DVLA require you to go to.
*there is a list of what counts as a required test a bit below the line you quote, one of which is a test to obtain a MAC (ie, an SVA).
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jabbahutt
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| posted on 18/11/08 at 09:23 AM |
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bugger, never mind worth a try
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jabbahutt
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| posted on 18/11/08 at 09:33 AM |
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sorry having a dim moment.
Are you saying that your quoted section is what we need?
I'm looking at item 22 of schedule 2 right at the bottom of the document.
Nigel
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smart51
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| posted on 18/11/08 at 09:37 AM |
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Here is a link to the legislation
SCHEDULE 2
Exempt vehicles
...
Vehicle testing etc.
22 (1) A vehicle is an exempt vehicle when it is being used solely for the purpose of—
(a) submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test, or
(b) bringing it away from a compulsory test.
(2) A vehicle is an exempt vehicle when it is being used by an authorised person in the course of a compulsory test solely for the purpose of—
(a) taking it to, or bringing it away from, a place where a part of the test is to be, or has been, carried out, or
(b) carrying out a part of the test.
(3) Where the relevant certificate is refused on a compulsory test of a vehicle the vehicle is an exempt vehicle when it is being used solely for the
purpose of—
(a) delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or
(b) bringing it away from a place where relevant work has been done on it.
(4) In this paragraph“compulsory test” means, as respects England and Wales and Scotland—
(a) in the case of a vehicle for which by virtue of section 66(3) of the [1988 c. 52.] Road Traffic Act 1988 a vehicle licence cannot be granted
unless certain requirements are satisfied, an examination such as is specified in sub-paragraph (5), and
(b) otherwise, an examination under section 45 of the [1988 c. 52.] Road Traffic Act 1988 with a view to obtaining a test certificate without which a
vehicle licence cannot be granted for the vehicle.
(5) The examinations referred to in sub-paragraph (4)(a) are—
(a) an examination under regulations under section 49 of the [1988 c. 52.] Road Traffic Act 1988 (examination as to a goods vehicle’s compliance with
construction and use requirements),
(b) an examination for the purposes of sections 54 to 58 of that Act (examination as to a goods vehicle’s compliance with type approval requirements),
(c) an examination for the purposes of section 60 of that Act (appeals in type approval cases), and
(d) an examination under regulations under section 61(2)(a) of that Act (examinations in connection with alterations to goods vehicles subject to type
approval requirements).
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BenB
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| posted on 18/11/08 at 09:45 AM |
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The DVLA inspection would have to fall under one of these
(5) The examinations referred to in sub-paragraph (4)(a) are—
(a) an examination under regulations under section 49 of the [1988 c. 52.] Road Traffic Act 1988 (examination as to a goods vehicle’s compliance with
construction and use requirements),
(b) an examination for the purposes of sections 54 to 58 of that Act (examination as to a goods vehicle’s compliance with type approval
requirements),
(c) an examination for the purposes of section 60 of that Act (appeals in type approval cases), and
(d) an examination under regulations under section 61(2)(a) of that Act (examinations in connection with alterations to goods vehicles subject to type
approval requirements).
IE section 5 
It's a bit dubious whether it does....
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jabbahutt
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| posted on 18/11/08 at 09:45 AM |
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yep that's what I was looking at, unfortunately it appears that the DVLA inspection doesn't fall into any of those categories which is
unfortunate.
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matt_claydon
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| posted on 18/11/08 at 09:52 AM |
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The list in Schedule 2 is referring to exemption from displaying road tax, not exemption from registration.
More relevant is Section 42:
quote:
Offences relating to registration marks
42 Not fixing registration mark
(1) If a registration mark is not fixed on a vehicle as required by virtue of section 23, the relevant person is guilty of an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In subsection (1)“the relevant person” means the person driving the vehicle or, where it is not being driven, the person keeping it.
(4) It is a defence for a person charged with an offence under subsection (1) to prove that—
(a) he had no reasonable opportunity to register the vehicle under this Act, and
(b) the vehicle was being driven for the purpose of being so registered.
Still an offence, but you would have a defence if you could prove you had had 'no reasonable opportunity'.
[Edited on 18/11/08 by matt_claydon]
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Guinness
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| posted on 18/11/08 at 10:17 AM |
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Yup! Balls isn't it.
I drove my car to two SVA tests and back again. No tax, no plates, just insurance.
Then when I tried to take it to the DVLA I had to trailer it. They basically said if I turned up having driven there, they'd call the police,
impound the car and worst case crush it!
So I had to trailer it to them.
Worst bit was that I passed SVA on 3rd Nov, finally got it registered / plates made up and tax disc on 9th November and the tax disc was back dated
to Nov 1st!
Mike
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smart51
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| posted on 18/11/08 at 10:52 AM |
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quote:
Originally posted by Guinness
Worst bit was that I passed SVA on 3rd Nov, finally got it registered / plates made up and tax disc on 9th November and the tax disc was back dated
to Nov 1st!
They shouldn't do that. DVLA offices can tax vehicles for part of a month and you pay pro rata. You should have been sold 12 months and 21
days of road tax.
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x_flow57
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| posted on 18/11/08 at 11:01 AM |
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"They shouldn't do that. DVLA offices can tax vehicles for part of a month and you pay pro rata. You should have been sold 12 months and
21 days of road tax."
Not true, a tax disc will always be charged for a full month regardless of when it starts, even if there's only 1 day of the month remaining you
still pay for the whole month.
Nick
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wicket
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| posted on 18/11/08 at 11:59 AM |
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It is true. I bought a new car a few years back and it was taxed from the date I collected it.
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smart51
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| posted on 18/11/08 at 12:07 PM |
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quote:
Originally posted by x_flow57
"They shouldn't do that. DVLA offices can tax vehicles for part of a month and you pay pro rata. You should have been sold 12 months and
21 days of road tax."
Not true, a tax disc will always be charged for a full month regardless of when it starts, even if there's only 1 day of the month remaining you
still pay for the whole month.
Nick
It is true, I've done it several times.
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Vindi_andy
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| posted on 18/11/08 at 02:41 PM |
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quote:
Originally posted by matt_claydon
quote:
Offences relating to registration marks
42 Not fixing registration mark
(1) If a registration mark is not fixed on a vehicle as required by virtue of section 23, the relevant person is guilty of an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In subsection (1)“the relevant person” means the person driving the vehicle or, where it is not being driven, the person keeping it.
(4) It is a defence for a person charged with an offence under subsection (1) to prove that—
(a) he had no reasonable opportunity to register the vehicle under this Act, and
(b) the vehicle was being driven for the purpose of being so registered.
Still an offence, but you would have a defence if you could prove you had had 'no reasonable opportunity'.
[Edited on 18/11/08 by matt_claydon]
Surely the last line gives defence to drive it to the DVLA as it is for the purpose of registering the vehicle.
Not sure Id like to try it on my car just for the sake of proving a point
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matt_claydon
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| posted on 18/11/08 at 02:56 PM |
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That's what I was saying.
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