MOT status

[MarkS]

Thanks Dave, you seem to have a comprehensive knowledge on this.. So is the car legal in-between the time the MOT expires and the next time it needs taxing along with the V112 declaration? (and in the case that you know it has not been substantially modified).

[mgcjag]

Hi Mark...not sure what you really asking....if you mot has expired then the only time you can drive it is to attend a pre arranged mot.......Steve

[MarkS]

So you are saying that even if it is over 40 years old you cannot drive it because it does not have an MOT, and it is not MOT exempt until the next time it needs tax?
Is that what you are saying?

[mgcjag]

Hi Mark...No.....I was refering to standard mot procedured......I did not understand what you were actually asking re "is your car legal" after the mot expires......Steve

[MarkS]

Ah,.. OK .. so its not then
Thanks

[MarkS]

Thanks for all the comments.
Just incase somebody comes across this string in the future, I thought i would just quote the words from the Department for Transport guy..


'... ANY car being used on a public road is to be considered a VEHICLE OF HISTORIC INTEREST and therefore is no longer required to HOLD a valid MOT certificate if it was: registered more than 40 years previously, no longer in production, has not undergone substantial changes.
There is NO REQUIREMENT for the owner to make a declaration that the vehicle is of historic interest, and is therefore no longer required to hold a valid MOT.
The DVLA have set up an ADMINISTRATIVE PROCESS (V112) which requires at the time of annual re-licensing, A declaration that the vehicle has not been substantially modified. This is in place to help owners of cars that HAVE been substantially modified, do not mistakenly run their car without a valid MOT.

[MarekH]

Dear Mark,

The wording you have posted can be read as the whole lot being bundled together and being automatic. The government website says otherwise and tells you what you have to do and what order you have to do it in. For an etype, the application to change to "historic" is a no brainer linked to the date of manufacture. For MOT exemption, you have to fill in a v112, which is a totally separate matter.

See https://www.gov.uk/historic-vehicles

kind regards
Marek

[Tom W]

As I understand it, the V112 is only necessary at the time of taxing your vehicle. Normally, a vehicle is required to have insurance and a current MOT at the time of taxing. The form is just a way of declaring that your vehicle is unmodified, and therefore exempt from needing an MOT in order to tax it. Alternatively, there’s the tick box if you renew online.

I normally keep my cars MOT’d but the MOT on my Rover expired during the period it was in my workshop being repaired. When I looked the car up on the DVLA system, it showed it was still taxed, and that there were no records for when an MOT was due, but this was shown in a green box. Now I’ve re-taxed it, and to do so, declared it not modified as it’s still being fixed so I can’t drive to an MOT. When I look it up on the DVLA system, it still returns the same 2 green boxes.

Its also worth noting that our cars aren’t tax exempt, per say. They still need to be taxed, it’s just that the rate of tax is zero.

[MarkS]

Hi Marek, are you saying that they are the wrong words bundled together. Or are you saying that they are the right words but not necessarily in the right order...?

[MarekH]

Dear Mark,

The government website gives you the current rules you have to follow.

The quote you have posted up is probably predates this and because you don't say where it is from and what it applies to, the guidance is likely outdated and may not apply now.

It looks to me that the guidance you posted is from a couple of years ago and it applied to pre-1960 cars. There was a consultation shortly after this as to how to treat cars which were post-1960, as their v5s still showed them to be requiring MOTs, whilst pre-1960 obviously wouldn't say they were MOTd especially if no one had MOTd them because they now didn't have to. The rules for what was "historic" and what recorded as the "MOT status" did not dovetail well with respect to the information that was recorded by DVLA for pre and post 1960 cars. All the police were able to access at this time was information which showed a car was not MOTd, so drivers got pulled over.

That consultation has come and gone and we now have one set of rules for everyone and these rules are posted on the government website. Unfortunately, old guidance, old rules, old opinions and old quotes still appear on websites which are not updated. Some of it still applies, some of it has been superceded and so it may now be inconsistent with the current law.

kind regards
Marek

[44DHR]

Hi Mark,
I can’t believe we appear to be going around in circles and you yourself have answered your own initial question at Post #6 and your Posts # 21 and 23 requesting clarification, by kindly posting the DoT letter of January 2019 at at Post #16, of which Paras 6 and 7 was quoted by you again at Post #26.
I do not believe anyone from the DVLA will come knocking on your door after the MOT you produced to obtain your Vehicle Tax expires - and the likelihood of that occurring if the vehicle is over 40 years old just reduces that even further.
Two different issues. The requirement - or otherwise - for an MOT. Hopefully clear from your posts #16 and Post #26 and how that relates to a potential document required to obtain a Vehicle Tax for the said vehicle.
Incidentally, I am not a lawyer versed in Transport Law, but in my working life I dealt in Commercial Law, so well versed to reading and disseminating legal documents.
Incidentally, the letter you show at Post #16 was a result of the UK being part of the EU and incorporating EU Directive 2014/45 on the 20th May 2018 to change the previous position on vehicles - subject to the conditions we all hopefully now know - not requiring an MOT from a fixed date of before 1960, to a rolling date of being over 40 years old. Something resulting from EU membership at the time.
Stay Safe !
Regards,
Dave

[MarkS]

Hi Dave,
Thanks for clearing that up for me.
Hopefully they won't come knocking on my door..!
Cheers, Mark