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MJThewlis

Urgent Help Needed And Warning

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I've had a query back from the gentleman who bought my kitcar 6 months ago who has had a 'spot of bother' with the local constabulary. He was stopped for speeding (fair cop) but was then told the vehicle had no MOT. He explained SVA'd within year etc. but they still say it needs to have an MOT and that SVA does not cover this?

 

My understanding (and responses I got when I double checked on here a year ago) was that the test covered that first year period - otherwise why do they issue a tax disc????

 

So to the help ... has anyone got or know where to find substantive evidence they can use to support not having an MOT post SVA?

 

It's not really my problem but I feel somewhat bad about his predicament and if I can help him out would like to.

 

The absolute irony is he had the car tested yesterday (as it's coming up to the year) and it failed on handbrake adjustment - life is just so unfair sometimes!

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Sounds to me like the police have got it wrong

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If he takes it to court he might get away with the whole thing (speeding too) as the magistrate might throw the whole lot out for the police wasting his time.... :)

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Police are wrong.

 

If it is taxed then it must have complied with all requirements or DVLA/POST OFFICE would not have been able to issue a Tax disc.

 

By the way our car passed SVA May '03 and we did not require an MOT for 3 years.

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ditto , no mot for 3 years after your SVA, just had my first mot after 3 years, dvla sent me a reminder with the tax form.

peter2b

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I think the police have this wrong.

SVA pass = no MoT for 3 years.

 

IMHO I would have it tested to be sure it was OK.

 

However I took mine for an MoT before the SVA.

As the car had no registration number the tester put the chassis number in the certificate.

When it passed SVA and I took the documents to the DVLA they added the reg number to the test certificate.

 

I have had to MoT every year since then.

 

The catch 22 seems to be that some of the things tested on the SVA would not pass MoT.

E.G. As long as the tyre's are of the correct rating they do not have to have the minimum tread to pass the SVA but need more than this to pass an MoT.

Was the case when I went for the SVA 4 years ago so may well have changed.

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Thanks to you firstly Mat, for selling me the most stimulating vehicle that ive owned since my 1963 3.8 E Type Roadster ( 572 WBH ) and for the help that you and other Rohcar members have so far given me regarding my recent "nick" and the problems that the police have now dumped in my lap,which i think have come about due to the fact that when a vehicle isnt "standard" the Police,the Dvla,and the SVA dont seem to know their INLETS from their EXHAUSTS and because of this they just Nick you and leave you to pay the fine.....I cannot dispute that "they" got me with the gun and that i was speeding,but as a result of this i am about to be charged with driving a vehicle without an MOT even though the car had its SVA last October.......I DONT drive anything unless it is In my opinion,SAFE to Drive Mechanically,and LEGAL..eg...Taxed...Tested...AND insured.........I got up this morning with a smile on my face because it was my birthday and the sun was out......45 minutes later the smile had gone and has now been replaced with the stress caused by the police,who buy the way dont seem to even know what SVA means.......S.O.S.......MAYDAY.....Regards Mogzee.

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Hmm. I suspect that this is another DVLA anomally which is showing up on the database as a 'no MOT'. :wacko: These days when police officers carry out a PNC (police national computer) check on your vehicle they are provided with registered keeper details, as well as Insurance Policy details (permitted drivers restrictions etc) and whether or not the vehicle has a current MOT certificate. In addition to this various 'PNC' markers can be placed by officers on PNC to record information such as 'believed used in a robbery' or ' driver details sought by pc Smith ...'. This has now largely made the 'producer' form redundant but it can and will still be used when drivers challenge incorrect information.

 

In this instance we all know that the car doesn't need an MOT until for at least the first year after SVA. Again, there is another DVLA/VOSA anomally in that some lucky people are informed by their registering office that they don't need an MOT for 3 years. (Another subject of much debate on this forum). :wacko:

 

Thes officers will have conducted a PNC check on the car which has come back with the message 'MOT not held'. They are just doing their job by responding to that, but unfortunately seem to be quoting the 'police always know best line'. Police officers receive zero training on the construction, testing and registration of kit cars. Sometimes it is hard to be seen as ignorant, I can personally vouch for this. :blush: But there is no chance of there being any prosecution for No MOT in this case. EVen if it got as far as a summons being raised it would have to be withdrawn. Speeding is however speeding - but unless you were well over the top this should have been a fixed penalty notice, unless the officer elected to report you for both offences for summons?

 

As has been pointed out, we're dealing with computers here and if the car was MOT'd prior to SVA (Some do for peace of mind) the MOT computer is expecting to see you again in 12 months, or else!

 

But please understand that if we all had a pound for everytime a driver said, "Your computer is wrong, I do have an MOT / Insurance etc" and they were not telling the truth ( :shok: ) well we'd all have a lot of pounds. Yes, it happens. (Not as much as a Thames Valley Officer on overtime apparently! :blush: ). End of the day the officer was just doing his job, but did not understand the position with a post SVA kit car and was too proud to say, 'I'll give you the benefit of the doubt, I don't really understand kit cars', or 'can you bring me in some documentation to explain this while I make some enquiries?'

 

Hope this helps, oh and Happy Birthday mogzee! :good:

 

Rich

 

(Now driving a 3 litre desk).

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Thanks to you firstly Mat, for selling me the most stimulating vehicle that ive owned since my 1963 3.8 E Type Roadster ( 572 WBH ) and for the help that you and other Rohcar members have so far given me regarding my recent "nick" and the problems that the police have now dumped in my lap,which i think have come about due to the fact that when a vehicle isnt "standard" the Police,the Dvla,and the SVA dont seem to know their INLETS from their EXHAUSTS and because of this they just Nick you and leave you to pay the fine.....I cannot dispute that "they" got me with the gun and that i was speeding,but as a result of this i am about to be charged with driving a vehicle without an MOT even though the car had its SVA last October.......I DONT drive anything unless it is In my opinion,SAFE to Drive Mechanically,and LEGAL..eg...Taxed...Tested...AND insured.........I got up this morning with a smile on my face because it was my birthday and the sun was out......45 minutes later the smile had gone and has now been replaced with the stress caused by the police,who buy the way dont seem to even know what SVA means.......S.O.S.......MAYDAY.....Regards Mogzee.

 

 

Hi I have a copy on my work PC of e-mails from the DVLA saying that you don't need to MOT for 3 years from SVA. However this isn't the case if its been MOT'd then you would need to do this every year. let me know if you want a copy of the e-mail will be back on work PC Tuesday.

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Thanks for all the replies ...

 

Mogzee / Paul ... Glad you're enjoying the car ... sorry it spoilt your birthday!

 

Enforcer / Rich ... Any chance you would speak to said officer on Paul's behalf if required please (officer to officer so to speak!) I'll talk to Paul tonight and get him to pm you with any details he has and own contact details etc.

 

Bentley ... if you could email on the letter that would be fantastic. If you could email to cathy.mat@talktalk.net that would be fantastic and I will send on to Paul.

 

Cheers, M.

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I'd like to help but it wouldn't be appropriate for me to influence a subjudice prosecution in this way.

 

Some more details would help though - was mogzee reported for the offences of speeding and no MOT? If so and this happened yesterday it is likely that the officer has yet to submit the file. In which case it would certainly help to collate the revevant documentation and forward these to him with an appropriately worded letter. If he's convinced it is simply a matter of completing paperwork for the speeding offence only.

 

If a summons is received there is no option but to go to court and present the evidence to show why the MOT was not required, but before the summons is issued the file will need to be processed at the Criminal Justice Support Unit for the officer's division. Usually based at the largest station. Here the paperwork and evidence is reviewed by decision makers who would ultimately support the decision to raise a charge. Again, an appropriate letter for the attention of the CJSU would be taken into consideration in this process.

 

If it was me I would be writing in a polite, informative letter and enclose the appropriate paperwork to be able to demonstrate that the MOT is not required. Should take care of it. Summonses usually take a few weeks to raise; it is unlikely that you would have to fight your corner in court.

 

Rich

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Well thanks anyway enforcer/Rich for the guidance anyway - wouldn't want to put you in a difficult position. Any suggestions on the best evidence to present / send with the letter?

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Hi Mat

please take a look at my previous post The registration process 4 down from this post, pay particular attention to the paragraphs below You are welcome to ring me on 01495 711578 if I can be of any help best wishes Roger.

 

62. DVLA assigns the registration number based on the age of the donor vehicle. However, the vehicle is regarded as being first registered in its new identity and, depending on the vehicle type, ESVA/SVA/MSVA will be required to register. The applicant must also submit the registration certificate for the donor vehicle, receipts from the manufacturer and a pre-inspection report.

 

63. As the vehicle is regarded as newly built, the original date of manufacture is no longer relevant to the kit-converted vehicle and the date of manufacture will change to the date the vehicle build was completed. For consistency this is regarded as the date of the ESVA/SVA/MSVA test. Therefore, if the donor vehicle had been eligible for Historic Vehicle tax exemption the exemption will not apply to the new vehicle.

 

Under section 47 of the Road Traffic Act 1988, it is an offence to use a car, motorcycle or light goods vehicle without an MoTcertificate on a public road unless

the vehicle is ‘exempt’ from MoT testing (that is, it does not have to have an MoT test) because it is:

• one of the types listed ‘a’ to ‘n’

over the page; or

 

• less than three years old. :D

 

If your vehicle is exempt from MoT testing, you need to fill in this form and produce it when you tax your vehicle at a post office or DVLA local office.

Do not fill in this form if your vehicle is a goods vehicle weighing more than 3500kg or if it is a public service vehicle. If your vehicle is more than

this weight please fill in the V112/G exemption form.

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Fantastic thanks Mr Ben! I have emailed on as well to Paul to ensure he gets this asap.

 

I've also asked if he would complete the thread with the happy ending when his innocence is acknowledged!!!

 

Once again many thanks all, as ever the source of wisdom to solve any problem even vaguely linked to a RH!

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Hi Folks........As a result of presenting my documents and a copy of the regulations that clearly state the OBVIOUS regarding the SVA and the fact that you dont need an MOT for a period of three years from SVA issue date and the fact that my car is registered with the DVLA as a Robin Hood 2B plus and the present log book shows this to be so......The police Force have now choosen to report me for driving a 1986 FORD Sierra without a current MOT because thats what their records show when they enter my registration details into their data base........or was it just not having an MOT for a car that DONT NEED ONE ? OR was it both ? i must admit that as a result of me doing my Very best to get them to understand that either way THEY ARE WRONG, they have left me baffled and REPORTED for something that their lack of information has caused in the first place.....Even though i have yet to see the outcome of todays fiasco i have already contacted a solicitor who is very willing to represent me in court. He DOES know the facts......and im prepared to pay him to protect me from people that DONT....... If this case is taken to court and i win i will request compensation for all costs and for the unfortunate fact that, due to "their" error,this has caused me a great deal of avoidable stress and when you take into consideration that the police are aware that i am a registered disabled (amputee) with heart problems,whos only source of income is benefits, this incedent takes on a rather Bitter taste doesnt it ?....TUT bloody TUT.....My email is pogni@aol if anyone wishes to contact me ......All the best...thanks for the support everyone Drive Safe......Regards Paul .....Mogzee......Ps I attempted to show the police the copies of the information/coments that you all posted and they Refused to even look at them......Thanks anyway

Edited by mogzee

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