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Old 18 November 2005 | 12:16 PM
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Default Driving a SORN'd Vehicle - Implications

I am due to pick up a car that I have bought tomorrow that is currently declared SORN by the current registered keeper. I asked him to tax it for me but as he no longer has it insured that isn't an option.

I will have it insured but won't get the insurance documents until early next week. I need to drive it back from Surrey to Leeds. I reckon if I get stopped the worst that could result is being made to pay back tax. Surely the circumstances are genuine enough that they wouldn't clamp me on the M1

These SORN things along with other silly rules for VIC checks and number plate purchases have no effect on the criminals but just make life more awkward for the masses.

TONY
Old 18 November 2005 | 12:24 PM
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The worst that can happen is the Police refer you to the DVLA for no tax. The Police/DVLA will most likely accept your story as long as you can prove there was no gap in the SORN/tax. If they wanted to be @rsey, the DVLA could fine you £40 and ask you to pay the back-dated tax. If you don't pay the fine it would double to £80.
Old 18 November 2005 | 12:26 PM
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According to the form you get though, they mention a £5,000 fine, no??
Old 18 November 2005 | 12:36 PM
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That's the maximum fine and would depend on how long they saw a tax gap. The tricky part would be proving it hadn't been driven during the SORN period.
Old 18 November 2005 | 01:26 PM
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drive it back from Surrey to Leeds
Easy - just don't drive on any roads that may have ANPR on them - i.e motorways & Dual carriageways mainly....best keep off A roads too, B roads may be tricky, best keep to the back lanes.......its not far......

LOL - it is a biatch all this rules about SORN, and the biggest biatch will be when they introduce the no insurance clause too (coming v soon!) - you cannot have a vehicle uninsured at any time.....as a classic car owner that is a real b4stard!
Old 18 November 2005 | 01:33 PM
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Really??? What's the logic behind THAT little gem of legislation..??
Old 18 November 2005 | 01:36 PM
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Originally Posted by TelBoy
Really??? What's the logic behind THAT little gem of legislation..??
As motorists we are guilty until proven innocent!
Old 18 November 2005 | 01:39 PM
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But seriously, if i have a classic car declared SORN, why won't it remain MY choice whether to insure it or not? I don't understand.
Old 18 November 2005 | 01:42 PM
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got any mates with a garage ? Get a shot of their trade plates ?
Old 18 November 2005 | 01:47 PM
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Book it in to your local MOT station then I believe you can drive it to that station.
Old 18 November 2005 | 01:57 PM
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Originally Posted by Scooby-Doo
Book it in to your local MOT station then I believe you can drive it to that station.
Correct! I used to use this ruse regularly from Tilbury/Southampton docks; itll **** off an Police officers that you encounter but the law doesnt limit the distance that you may travel.

Tel; a gentleman of your means wont be affected by the proposed legislation because it doesnt affect vehicles that are parked in your detached six car garage!


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Old 18 November 2005 | 02:00 PM
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LOL, so what ARE the rules then? If it's on private property you're exempt?
Old 18 November 2005 | 02:04 PM
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My understanding, is that if the vehicle is parked on closed private property, a garage or a drivaway for example, then it neednt be insured. Leaving the unused vehicle uninsured but taxed on the highway will be verboten.
Old 18 November 2005 | 02:16 PM
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Put some fake plates on it and camoflague it
Old 18 November 2005 | 02:18 PM
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Isn't "the worst that will happen" that car your car will get crushed?
Old 18 November 2005 | 03:31 PM
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Originally Posted by tonybooth
I will have it insured but won't get the insurance documents until early next week. I need to drive it back from Surrey to Leeds. I reckon if I get stopped the worst that could result is being made to pay back tax. Surely the circumstances are genuine enough that they wouldn't clamp me on the M1

TONY
Your insurance company can send you a covernote by courier and have it to you this afternoon (presuming you're not in Lands End and they in John O'Groates).
Old 18 November 2005 | 03:59 PM
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My flatmate's new insurers didn't send him a certificate, they provided a pdf file for him to print his own, the PO were happy with this when he went for tax. It looked like it had been knocked up in Word in about 2 mins, which is another idea
Old 18 November 2005 | 04:11 PM
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The DVLA prohibit the use of downloadable certificates for taxing cars. I did wonder whether GPOs knew/cared though...

Does anyone know whether Post Offices refer to the ABI Insurance data base? The reason I ask is that insurers have 14 days to add your details and if they do itll be nearly impossible to insure this car...


Simon
Old 18 November 2005 | 06:28 PM
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Originally Posted by GC8
My understanding, is that if the vehicle is parked on closed private property, a garage or a drivaway for example, then it neednt be insured. Leaving the unused vehicle uninsured but taxed on the highway will be verboten.
It is currently, and always has been AFAIK, illegal to park an uninsured vehicle on the public highway, so in what way is the proposed new legislation different?
Old 18 November 2005 | 07:18 PM
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I used to think that too; but apparently it wasnt illegal to keep the vehicle on the highway as long as it had an excise license. Ive read a similar editorial in two seperate magazines so Im confident that theyre correct.


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Old 18 November 2005 | 07:22 PM
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It`s illegal to keep a vehicle on a road if it`s not insured, and it`s also illegal to keep it on a road without a current tax disc.
Old 18 November 2005 | 08:01 PM
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""using a vehicle on a road or other public place without third party insurance" as required by Section 143 of the Road Traffic Act 1988" Quoted from the DfT website

Keeping and Using are distinctly different.

Read the proposal here


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Old 18 November 2005 | 11:18 PM
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We propose to introduce legislation making it an offence to be the registered keeper of a vehicle the use of which is not insured in accordance with section 143 of the Road Traffic Act 1988. Such an offence would not require the police to prove that the vehicle was in use on the road. Subject to certain exemptions, the possession of a vehicle without valid insurance would be an offence. Liability would rest with the keeper of the vehicle.
hmmmm - dont like the sound of the 'an offence would not require the police to prove that the vehicle was in use on the road' bit...one could interpret that in a few ways.....
Old 18 November 2005 | 11:31 PM
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Originally Posted by GC8
The DVLA prohibit the use of downloadable certificates for taxing cars. I did wonder whether GPOs knew/cared though...

Does anyone know whether Post Offices refer to the ABI Insurance data base? The reason I ask is that insurers have 14 days to add your details and if they do itll be nearly impossible to insure this car...


Simon
I'd also wonder if PO counter staff could tell the difference between a good colour print of a PDF and what turns up in the post...
Old 18 November 2005 | 11:33 PM
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At minimum wage i dont think they would care
Old 19 November 2005 | 01:24 AM
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These days, most 2nd hand car dealers sell cars without tax. In many cases, people will go and pick up the car with an insurance cover note (any decent company will get you a cover note next day) and then drive it to the post office to get the tax. If you have the receipt, the cover note, etc and can show you've just bought the car and are heading to a post office, I'd think you'll have to be very unlucky for them to nick you. What's to stop you getting a cover note and picking up tax somewhere near where you buy the car?

The PO will pick up that it's SORN'ed but won't prevent you getting a new tax disk - in the same way, many cars where the dealer cashes in the tax disk before selling it on will show as already having tax. That doesn't stop them from issuing a new tax disk.
Old 19 November 2005 | 10:14 AM
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Originally Posted by ChrisB
I'd also wonder if PO counter staff could tell the difference between a good colour print of a PDF and what turns up in the post...
Im thinking along the same lines Chris; the problem lies with the register. If the Post Office staff refer to this (as the VRO staff do) then the vehicles wont appear to be insured.

Im already caught in a Catch-22 with the local VRO. My motor trade insurance certificate is downloaded so the certificate cant be used to register cars and the vehicles wont/cant appear on the insurance because they dont have a registered number.....


Simon
Old 19 November 2005 | 12:51 PM
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Originally Posted by GC8
I used to think that too; but apparently it wasnt illegal to keep the vehicle on the highway as long as it had an excise license. Ive read a similar editorial in two seperate magazines so Im confident that theyre correct.


Simon
As the recipient 10 years ago of an IN10 (6 points & £150) for having an engineless car on the road outside my parents house taxed but uninsured, I can assure you that this is not the case


Incidentally, my mistrust of the Police and Courts stems from this occassion too. When the police came to my parent's door to ascertain the status of the car, they stated that they had recieved a complaint from a neighbour (the car had been there less than 12hrs by this point), They informed me that if I moved the car within 24hrs I could go down to the station, receive a police caution and thatr would be the end of it. No problem, moved the car, got the caution, carried on with my life. Four months later I received a registered letter saying that a date for my magistrates court appearance, with respect to driving a car whilst un-inisured, had been set for the following week Long story short, I turned up, the prosecution lied, the magistrates believed I was guilty from the moment I stepped into the box, I came away £150 lighter, but far wiser Unfortunately, none of my subsequent personal encounters with either establishment has removed this mistrust, merely reinforced it
Old 19 November 2005 | 12:59 PM
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Im not really sure how to reply to that. Youre arguing that youre correct based on what happened, but its apparent that you were prosecuted when you hadnt broken the law.

The lesson to be learnt there; is that under no circumstances do you speak under caution and always elect to go for jury trial.


Simon
Old 19 November 2005 | 02:19 PM
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Yes I think insuranced was only needed if it was driven. But parked on the public roads needs Tax.

Les



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