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Is it legal to drive to have work done after IVA fail
corrado vr6 - 30/11/13 at 01:07 PM

Hi there, as title really, I have phoned insurance and they said so long as its legal then I am insured.

I know driving to a booked IVA test and MOT are ok, just wondered if driving it to a place of works to have work done to pass the IVA was legal?

I need to get the emissions tested and set up (bec)


40inches - 30/11/13 at 01:29 PM

Yes, you can drive it to a pre booked appointment, for anything related to the IVA. You don't have to take it to the nearest,
take it somewhere you are confident can do the work


theprisioner - 30/11/13 at 01:36 PM

I had same problem. The only thing you can do to make it mostly legal. Is book (make an appointment) for an MoT test on your chassis Number (that is allowed under the MoT rules). Grey imports can do this. In my case I was issued a fail certificate then a pass on a retest. The MoT can then be ignored when you register the vehicle for the next 3 years. The insurance company needs to be notified of your intentions. I asked the DVLA and they said no problem. The plod however take a black and white approach No Registration Number (not grey import) = Not legal. You may have to discuss it with them, it is a grey area and may let you off. I took the chance my MoT station is about a mile away mostly on B roads.


02GF74 - 30/11/13 at 01:55 PM

^^^ are you sure about that?

in the good ol' days of SVA, you were legal to drive to and from SVA, even if you failed the SVA but could not drive legally afterwards, like to the inspection, although most of us did, but not me being a law abiding citzen.


chrism - 30/11/13 at 02:48 PM

quote:
Originally posted by 02GF74
^^^ are you sure about that?

in the good ol' days of SVA, you were legal to drive to and from SVA, even if you failed the SVA but could not drive legally afterwards, like to the inspection, although most of us did, but not me being a law abiding citzen.


I think youve got mixed up, he means driving it from his home to a garage after returning from an IVA.

Im not sure if repairs for an IVA is covered under the driving with unregistered/no tax rule or just for MOTs, so you may have to do as said above and book it in for an MOT, cant seem to find the info on the redesigned DVLA site.


robinj66 - 30/11/13 at 03:17 PM

The relevant law is contained in the Vehicle Excise and Registration Act 1994 -


29 Penalty for using or keeping unlicensed vehicle.

(1)If a person uses, or keeps, on a public road a vehicle (not being an exempt vehicle) which is unlicensed he is guilty of an offence.




Schedule 2 of the Act :-

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 [F45, a vehicle identity check][F46, a vehicle weight test or a reduced pollution test], or

(b)bringing it away from [F47any such test][F48or check].

[F49(1A)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a)taking it (by previous arrangement for a specified time on a specified date) for a relevant re-examination, or

(b)bringing it away from such a re-examination.]

(2)A vehicle is an exempt vehicle when it is being used by an authorised person in the course of a compulsory test [F50, a vehicle weight test [F51or a vehicle identity check or][F52, a reduced pollution test] or a relevant re-examination and is being so used]solely for the purpose of—

(a)taking it to, or bringing it away from, a place where a part of the test [F53, check][F54or re-examination] is to be, or has been, carried out, or

(b)carrying out a part of the test [F53, check][F54or re-examination].

[F55(2A)A vehicle is an exempt vehicle when it is being used by an authorised person solely for the purpose of warming up its engine in preparation for the carrying out of—

(a)a compulsory test [F56or a reduced pollution test], or

(b)a relevant re-examination that is to be carried out for the purposes of an appeal relating to a determination made on a compulsory test [F56or a reduced pollution test].]

(3)Where the relevant certificate is refused on a compulsory test [F57, or a reduced pollution test,]of a vehicle [F58or as a result of a relevant re-examination,] 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 M10Road 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 M11Road 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—

[F59(a)an examination under regulations under section 49(1)(b) or (c) of the M12Road Traffic Act 1988 (examination as to compliance with construction and use or safety requirements)]

(b)an examination for the purposes of sections 54 to 58 of that Act (examination as to a F60. . . vehicle’s compliance with type approval requirements), [F61and]

F62(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)an examination under regulations under section 61(2)(a) of that Act (examinations in connection with alterations to F60. . . vehicles subject to type approval requirements).





In short, you are allowed to drive the car (without a tax disc) to or from a COMPULSORY test (Eg, MOT, IVA etc) or to/from a place where "relevant" work is to be carried out in order to obtain a pass at a compulsory test. You DO need to book your car in for the work - see para 3 of Schedule 2.

This means you can legally drive to/from the IVA and also any garage which is going to do work on your car to enable you to pass the IVA. The only time you would not be allowed to drive a car home from IVA is where the examiner deems your car to so unsafe that it would be dangerous.

The only "grey area" is whether the DVLA inspection is a "compulsory test" - the jury's still out on that one but it's about to be a moot point as all registration applications are now being dealt with at Swansea and reportedly there is no longer any requirement for a DVLA inspection.


If you are stopped by Mr Policeman you can politely point him in the direction of this legislation
[Edited on 30/11/13 by robinj66]

[Edited on 30/11/13 by robinj66]


pekwah1 - 30/11/13 at 03:49 PM

This is a "yes"
Don't know if you've already had a failed IVA but after mine, the failure sheet from vosa had it written at the end that I could drive to a garage to get the work done.
Check your paperwork if you've already had an IVA


corrado vr6 - 30/11/13 at 07:02 PM

Looks like I could have answered my own question had I of looked at my IVA failure sheet



Thanks all for the replies


Acc8braman - 30/11/13 at 10:22 PM

+1 in being allowed to drive it to a ore booked appointment.

Mine failed and I will be doing the same


Duncan36 - 1/12/13 at 06:18 AM

Hi Robin

What did you mean by "reportedly there is no longer any requirement for a DVLA inspection" does a new built car no longer get checked over at all? So no IVA?

Cheers

Duncan


corrado vr6 - 1/12/13 at 08:48 AM

New builds still need IVA however no longer does the DVLA need to do an inspection

Read here


iank - 1/12/13 at 09:52 AM

quote:
Originally posted by Duncan36
Hi Robin

What did you mean by "reportedly there is no longer any requirement for a DVLA inspection" does a new built car no longer get checked over at all? So no IVA?

Cheers

Duncan


As said DVLA have nothing to do with IVA (that's VOSA's job) DVLA do/did need to inspect the numbers when doing the registration of the car. So the new plan, now the DVLA are closing their local offices, is that VOSA will do the registration inspection on their behalf.

[Edited on 1/12/13 by iank]


40inches - 1/12/13 at 09:55 AM

quote:
Originally posted by corrado vr6
New builds still need IVA however no longer does the DVLA need to do an inspection

Read here




This led to confusion when it first came out, because it only applied to NEW built kit cars, cars built with a donor for either a age related or Q plate still had to be inspected.
The consensus is that any kit cars registered after the local DVLA offices closed down do not need to be inspected. Perhaps anyone who has passed IVA recently can confirm this?


CosKev3 - 1/12/13 at 01:44 PM

According to the bloke I've had my kit off if your going for a new plate there is no inspection,but they still inspect age related.


40inches - 1/12/13 at 03:24 PM

quote:
Originally posted by CosKev3
According to the bloke I've had my kit off if your going for a new plate there is no inspection,but they still inspect age related.


Going to be a long drive to Swansea