Has Anyone Else Had This Issue?

[Guest projectinsane]

Hi all,

 

This afternoon I finally re-insured my exmo after the winter months, and went along to the post office to tax ready to take out and enjoy only to find out that even though it only passed SVA 2years ago, its on the database as having no MOT or any history what so ever

 

When passing SVA, the inspector said it would be MOT exempt for 3 years and last year I had no problems taxing it (but the P.O. did have to phone to double check with DVLA at the time via a phonecall) and left DVLA after registration with only a form for getting my number plates.

 

According to DVLA I need to either mot the car or produce an exemption certificate (or SVA pass certificate) in order to still be MOT exempt?????

 

I know earlier this year that DVLA had ammended records after changing a few laws regarding untaxed and unmot'd vehicles and wonder if anyone else has had this problem, if the information I have been given is correct, and/or if DVLA held on to an important piece of paperwork that I NEED?? As the rest of you can probably guess, I was gutted after hoping to take it for a drive today and want to resolve this issue as soon as I can.

 

Any ideas, suggestions or help all gratefully received

[Longboarder]

Don't you submit form V112 with the application as being a vehicle under three years old and therefore not needing an MOT till three years old? Or has this changed?

 

Nigel

[Guest projectinsane]

Im honestly not sure, admittedly my father went in to tax after re-registration but all I know is that he only left DVLA with the number plate sheet, no other paperwork so they must have kept the copy of SVA pass?

 

As said, last year I had no problems so it must have been on the database as exempt or it would have flagged up, or worse still, I would have been pulled through ANPR but have had no problems until now.

 

It has been sorn since october last year and Im left presuming that if it was fine before, maybe someone doing data entering at DVLA has seen a registration date of 1984 (from the engine in it) and carried on regardless. :/

[Snapperpaul]

DVLA problem......

I have just retax my car after SORN it's in it's 3rd year after sva, I did this on line with no issues.

First MOT due August

[agent_zed]

luck of the draw. My 2b didn't get 3 years grace after SVA. I had to get an MOT. Others seem to get away with 3 years no mot.

Unless you built it with new parts and therefore have a new plate, not age related you should get 3 years. If you have age related it says on the V5 something along the lines of 'kit assembled, not from new parts' and theoretically you should have to mot after a year in my understanding.

 

But DVLA don't seem to be able to understand what they are doing so its often down to luck. There was one chap on here who'd been given a brand new 2010 plate when he should have got an age related ??!

[Guest projectinsane]

It does seem that way. After speaking to VOSA this morning i was informed that DVLA can request an MOT 'AT ANY TIME AFTER SVA' regardless of new parts or not so it seems that yet again, another gov maintained organisation can make the rules up as they go and not even inform you

 

May I advise you all to go to 'www.motinfo.gov.uk' and double check your cars have a valid certificate and/or history before us as kit car owners start getting pulled by the police and having to take points on our licences as the blame will come on to the owner for not checking and not DVLA for not informing us a new test is required.

 

I was lucky as I found out when taxing the car, others may not be especially with ANPR now pretty much everywhere

[Guest robinj66]

It is all a bit of a mish-mash - basically the DVLA staff around the country make up their own interpretation of the law/regs and the impose it upon the public. At least an MOT is not the end of the world and should give you peace of mind - it might highlight any problems after the =car has been laid up.

 

 

FYI - the offence of having no MOT is not endorsable - this means you can't get penalty points, just a fine

[Snapperpaul]

I have a V5 which states "built out of parts that were not new" etc.

I got 3 years no MOT.

It is ultimately down to the local DVLA office where you registered your car, it's not set by DVLA head office policy.

Local luck of the draw.

I emailed DVLA on this very problem a couple of years ago and stopped the communications as I felt it would only bring this issue higher up the DVLA food chain, I saw the only end conclusion would be tighter MOT controls on kit cars.

If you get 3 years grace that's great, less is just the lick of the draw.

[fry61]

Could this disparity be down to how DVLA etc. view the build quality? If it's good enough to pass but with some doubts as to longevity of build they flag "Annual MOT" & if they view as more durable in finish it's flagged "MOT in 3 years" Just my thoughts, no basis in actual fact; but there must be wide differences in build quality that is over/above the "Fail mark"

[Guest Alan_builder]

Hi all,

 

Just been looking at the law regarding driving to a build Up Inspection. The DVLA used to come to us in our build location to verify it was an amateur build, now we have to take the car there.

 

I was told:-

 

All our car will be tested / inspected.

 

That we cant drive there even though this is a mandatory test. However I am sure the law was that we can drive to any mandatory test provided the test is booked and we have insurance. No qualification is made on the type of test only mandatory tests are listed!

 

Any way in reading the Directgov web I am sure I saw it said 3 years after IVA.

 

Vehicle first registration fee

 

Vehicles registered and taxed for the first time on the Driver and Vehicle Licensing Agency (DVLA) records will be required to pay a fee of £55.00. This extra payment is designed to cover the costs associated with registration of the vehicle throughout its life. Certain vehicles are exempt from payment.

 

So If you paid your £55 then it is a new vehicle and gets 3 years. To argue with DVLA you will need a copy of your IAC or older MAC.

 

Edit 14th

 

 

Road Traffic Act 1988 (c. 52)

 

1988 c. 52

Road Traffic Act 1988 (c. 52)

 

1988 Chapter c. 52

 

Part 2

 

 

Obligatory test certificates.

47.—(1) A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.

In this section and section 48 of this Act, the "appropriate period" means a period of twelve months or such shorter period as may be prescribed.

 

 

(2) Subject to subs section applies at any time are—

(a) those first registered under the [1971 c. 10.] Vehicles (Excise) Act 1971, the [1962 c. 13.] Vehicles (Excise) Act 1962, the [1949 c. 89.] Vehicles (Excise) Act 1949 or the [1920 c. 72.] Roads Act 1920, not less than three years before that time, and

( those which, having a date of manufacture not less than three years before that time, have been used on roads (whether in Great Britain or elsewhere) before being registered under the Vehicles (Excise) Act 1971 or the Vehicles (Excise) Act 1962,

being, in either case, motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a goods vehicle test.

 

 

So I think that says the DVLA are wrong if they don't give 3 years from SVA / IVA to 1st MOT!

 

 

Edited June 15, 2011 by Alan_builder