FBHVC Legislation

Basingstoke Classic Car Club

 

Federation of British Historic Vehicle Clubs (FBHVC)

About FBHVC

The Federation of British Historic Vehicle Clubs exists to maintain our freedom to use Yesterday’s Vehicles on Tomorrow’s Roads. Additionally we encourage the preservation and promotion of all types of vehicle within the broader context of our national heritage.

It does this by representing the interests of owners of such vehicles to politicians, government officials, and legislators both in UK and (through membership of Fédération Internationale des Véhicules Anciens) in Europe.

FBHVC is a company limited by guarantee, registered number 3842316, and was founded in 1988.

There are nearly 500 subscriber organisations representing a total membership of over 250,000 in addition to individual and trade supporters.

Reference: Newsletter No. 3 - 2018

Addendum to Issue 3, 2018

 

Introduction to Newsletter Addendum – June 2018

 

The implementation of the Roadworthiness Directive on 20th May 2018 continues to raise many questions for our members and for that reason we have decided to take an exceptional step of publishing an Addendum to the various articles we have published so far.

This information supersedes all previous advice the Federation may have given including that in Issue 3 of the Newsletter. We must stress that all previous advice was provided in good faith based upon information supplied to us by the Department for Transport (DfT) and its Agencies. The Federation apologises if any members have been misled by advice previously provided.

The advice given here describes the process as it has now been clarified by the Driver and Vehicle Licensing Agency (DVLA) which manages the exemption process on behalf of DfT. The Federation offers no opinion as to whether the process described precisely follows the law as set out in the relevant Regulations.

Nor has the Federation undertaken any comparison of the process with the various forms of Guidance which have been made available to the public via either the gov.uk website or by the DfT directly.

 

David Whale

Chairman

June 2018

 

Changed MOT/GVT Exemption regime

 

Principles of exemption within the vehicle licensing system

•The Regulations provide the exemption (forty years old and not substantially changed within the last thirty years) for cars vans and motorcycles. That is a matter of law and does not of itself require any action.

•The regulations are more complex for other classes of vehicles, as the Federation has made clear in past Newsletters. The Federation remains unclear as to whether and to what extent the online licensing system will take account of these complexities.

•The definition of “vehicles of historic interest” contained in the Regulations is not carried through into the licensing system.

•The system also does not depend upon the vehicle being in the Historic taxation class.

•DVLA has chosen not to check vehicle status until at least the next available date for relicensing of the vehicle.

•The system is based upon the DVLA database showing a vehicle as having been registered at least forty years ago. That database assumes the vehicle to be exempt. The Federation of course recognises that a vehicle may not have been registered immediately after it was built and a mechanism has been established to ensure such vehicle can enter the “historic” taxation class. There is currently no mechanism of which the Federation is aware by which this anomaly can be dealt with in this system.

•Conversely, a vehicle can become eligible for MOT exemption some months before meeting the historic taxation class exemption requirement

•Confirmation by an applicant as to whether a vehicle is correctly identified as exempt, as described below, does not feed into any database and DVLA has no intention of creating such a database.

•The confirmation provides only a mechanism for proceeding with relicensing of a vehicle if the MOT is not still “valid”.

•Conversely if the vehicle has a valid MOT (even if it is a “voluntary” MOT) a confirmation or otherwise need not and indeed cannot be made.

 

Licensing System Operation

At a Post Office

 

•If a vehicle registered over forty years previously which does not have an MOT is being presented for relicensing at a Post Office, a V112 (or V112G as the case may be) must be shown to the Post Office clerk before relicensing may progress. The Post Office clerk will simply look at the signed Form, confirm that fact on their system and return it to the keeper.

•If the vehicle has a valid MOT, even if voluntary, no V112/V112G will be required.

•This process will be repeated at each annual relicensing.

 

Online

 

•If a vehicle registered over forty years previously which does not have a valid MOT, is being presented for relicensing, a page headed “Check Vehicle details; MOT/GVT Exemption test certificate declaration” will appear.

•This page says that DVLA records show the vehicle is over forty years old and thus may be exempt from testing and that the record assumes the vehicle has not been substantially changed. This page then enables the ticking of one of two boxes; these declare either that

•the record is “correct”. i. e the vehicle is nots ubstantially changed and thus exempt, or

•“incorrect”, i.e. is substantially changed and thus not exempt.

•The applicant then selects “continue”.

•If the applicant has selected “correct” licensing will continue towards completion.

•In the unlikely event of the applicant selecting “incorrect” in respect of a vehicle with no MOT, a new page requiring the applicant to go to a Post Office with an MOT will appear and licensing will not proceed.

•If a vehicle is being presented for relicensing online has a valid MOT (even if it is voluntary), the process will complete without the page containing the declaration appearing. The page cannot be voluntarily accessed if the vehicle has an MOT, whenever that MOT expires.

•This process will be repeated at each annual relicensing.

 

Enforcement

 

•The Federation has been advised by DfT that the database upon which the police undertake MOT enforcement will show a right of exemption at forty years after registration. The police will not, to our knowledge, have visibility of the confirmation process and thus will not be aware whether a vehicle over forty years old does require an MOT because it is substantially changed within the rules.

•While the Federation has no reason to believe that members should be concerned on this account, the Federation should make it clear that it has no information regarding how and whether there is guidance to police officers regarding enforcement of the actual Regulations, or the validity of the actions of keepers in either providing a signed V112 (or V112G) or checking the online declaration box.

•For the avoidance of doubt, the obligation not to use an unroadworthy vehicle on the road is unaffected by this process.

 

Newsletter No 3, 2018

 

Editorial

 

When I travel round the country meeting club members at events, politicians wanting briefings and journalists following the historic vehicle scene they are often surprised at the amount and scope of the work we do given the relatively modest resources available to us. We have one paid person, Emma, our tireless secretary. Our other officials are all volunteers. Our income to fund our political campaigns, DVLA liaison, our various communications channels, the Heritage Engineering Academy at Bicester and much more, comes almost entirely from club subscriptions to the Federation. We increase these annually but only at the rate of inflation. So for the forthcoming year each member club will contribute 46p pence for each qualifying member. I sincerely hope you feel it is worthwhile your club making this contribution on your behalf to an organisation dedicated to protecting your right to use the public highway.

I say, ‘almost entirely’ because we also have Trade Supporters, and Museum members who contribute to the funds and even Individual Supporters who feel strongly about our work and make private donations.

However it is becoming increasingly challenging to balance the books given the ever expanding agenda, so we are delighted to be able to announce a new category of supporter… Commercial Partner. Commercial Partners are to be significant businesses involved with the historic vehicle movement who recognise the value in supporting the work of the Federation. Their alignment with us is recognition not only of the commercial value this brings them but also it demonstrates their shared values with us in preserving the culture enshrined within historic vehicles. They will bring value to the Federation through their financial support but also to all our clubs and associates through exclusive ‘members only’ offers.

It is with great pleasure that we can announce the appointment of our first four Commercial Partners. Stewart Miller and Peter James Insurance are our insurance partner, Duckhams is our lubrication partner, King Dick is our tools partner, and Bicester Heritage becomes our Commercial Partner by dint of its hosting of the Heritage Engineering Academy and its tremendous support for the Heritage Engineering Apprenticeship from its inception. You can check them all out now on our website, and keep an eye out for the club and member offers.

Drive It Day - NB

 

I know clubs like to organise their events diaries well in advance, especially when venue bookings are involved, so here’s some important news about Drive It Day 2019… Next year because of the Easter date clash DiD will be a week later on the 28th April.

Geoff Lancaster

 

 

Legislation & Fuels Bob Owen

MOT Exempt Vehicles

 

By the time you read this the roll out of the new procedure will have commenced.

Just a brief basic reminder: Keepers of pre-1960 vehicles which have been automatically exempt will not remain exempt after their next date for licensing unless you can and do make a declaration.

Next, a word on experts: The Department for Transport (DfT) Guidance we published in the addendum to Edition 1, and which you can also find on the DfT website, makes reference to the use of experts. However, their use is not compulsory. You may know perfectly well yourself whether or not your vehicle has been substantially changed during the past thirty years. But if you think there may be some doubt, we have posted on the Legislation pages of our website a List of Vehicle of Historic Interest Experts who may be able to advise you. They will not make your decision for you. It is up to you whether you feel able to declare entitlement to MOT exemption, but they may be able to provide peace of mind.

The List is based upon a mixture of our knowledge of the historic vehicle movement and a voluntary agreement by the organisations listed to be put on the list. So it makes no pretence at being exhaustive. Indeed, just because your own marque club has not decided to be shown on the published list doesn’t mean it will not be able to advise you. DVLA is not going to be checking who, if anyone, you consulted before declaring your vehicle MOT exempt.

A problem arising as a result of the difference between the time I write this piece and when you see it , is that while I know what the Forms will say, they are not of course yet in force. The Forms V112 and V112G which follow this subject, say DRAFT, but you should now be able to ignore that. Be aware that there may be some slight revisions from September, of which I will advise you.

The Forms do not specifically make any reference to the terms ‘Vehicles of Historic Interest’ or ‘VHI’. That is undoubtedly a good thing, as confusion would certainly have arisen if both ‘historic’, as a description of exemption from VED, and ‘VHI’, as a description of entitlement to be MOT exempt, were both formally in use. Instead the forms simply describe what a substantial change is, using words from the Guidance. I think they are self-explanatory.

One point I should clarify, though I hope most members who are directly affected are now aware of it, is that while there is a general exemption for steam powered vehicles in Form V112G, it applies only to vehicles which weigh over 3.5 tonnes. There is no other general steam exemption. We are working with the organisations in our membership who are nationally involved with steam to ascertain whether or not this creates any actual problems when compared with the position in previous years and I will, if necessary, report back on this.

It is quite clear now that it will only be a requirement to use Form V112 (or V112G), which is used at a Post Office, for vehicles which are entering the ‘historic’ vehicle class for the first time. Of course, licensing in the ‘historic’ class for the first time in a Post Office is not of itself new.

Otherwise licensing, including declaration of entitlement to MOT exemption, will be able to be done online. As I understand it, it will simply be a part of the current process, usually initiated by the Form V11 reminder. At the time of writing

I had not been able to view the actual way the requirement for declaration will be presented online, but must assume it will closely mirror what is in Forms V112 or V112G as the case may be.

As explained before, the exemption is actually created by Regulations, which are based upon the actual build date and condition of the vehicle. Nor do they formally require the vehicle to be entered into the ‘historic’ taxation class. But Government has to find a workable way not least for enforcement purposes of logging exempt vehicles. The consonance of the exemption date and the date for qualification for the ‘historic’ class has caused DVLA to combine the two. For administrative reasons the declaration process will, as explained in the last Edition, roll out over the year with the first declaration only being required when the vehicle comes up for licensing in the normal way.

But after initial roll out, if you make a declaration of MOT exemption when licensing the vehicle, it will be shown on the DVLA record as being exempt from taking an MOT for that year. If you do not declare, then fail to take an MOT test when it becomes due, which might easily be the date of licensing, the vehicle will show as in default. That will put you at risk of enforcement action, and additionally could also cause problems when you come to the next licensing date.

If you do declare then you will either have to continue to declare in subsequent years, or else put the vehicle through an MOT test before relicensing.

One last thing. A voluntary MOT remains possible, as now for pre-1960 vehicles, even if you have declared the vehicle exempt. This has an obvious advantage of allowing taking of the MOT test at more than twelve month intervals, to take account of low mileages. But if you fail a voluntary MOT test, you will have a real fail. The newly introduced MOT procedures including allocation of categories of failure, might mean the consequences of failure are more serious than in the past. You might not be able to drive away to make repairs, for instance.

And finally, a simple warning. Nothing in any of these new rules takes away the absolute obligation not to take a vehicle which is not roadworthy out on the highway. How you check out that you are not doing so is up to you.

 

Specialist Vehicles & Trailers

 

There will be a few among our readers who will have vehicles outside the normal range of motorcycles, cars, vans, lorries, buses and coaches. Generally, these are what are referred to as ‘specialist vehicles’ which would for instance include mobile cranes, some breakdown vehicles and heavy tractor units. There are also some who will make use of trailers. Certainly these will not have been subject to testing prior to 20 May, but they may now be subject to roadworthiness testing.

If you are one of those people you will need to make yourself familiar with changes to the regulations which decide whether they need to have your vehicle undertake roadworthiness testing.

To deal with trailers first. Heavy trailers, whether or not historic in their own right and whatever their age will, if they are used to carry loads, from now on have to be tested.

Secondly a number of specialist vehicles, of types not previously tested, may now, as a result of changes to the law on Plating and Testing be within the categories which do require testing, even if they were built more than forty years ago and are not substantially changed.

In the case both of these specialist vehicles, and of trailers which are to be used laden, they may not have previously been tested and thus may never have been plated. There is a significant lack of clarity as to how these are to be treated, as there may well be issues of the availability of facilities to undertake any plating required.

As the new rules will gradually be applied from the date of next relicensing of the vehicle, it is strongly recommended that anyone who is in doubt contact DVSA at the Ellipse, Padley Road, Swansea, SA1 8AN or by email at enquiries@dvsa.gov.uk

If you are still having trouble, and your member club is not able to help, please do not hesitate to comment.

 

Clean Air Matters

 

LEZs

 

There has been no major development on this front during the past months, though assorted consultations grind on.

 

MOTs and IVAs

 

And now I have some good news. I reported in the last edition on the issue by DfT of a consultation entitled ‘Road Vehicles: Improving Air Quality and Safety’.

This Consultation included poorly thought out proposals to limit, through changes to the MOT test, the ability of Kit Cars and some other totally ill-defined ‘classic’ vehicles to obtain IVAs.

I explained how the Federation had responded in a robust manner. Whether it was our efforts or the sheer volume of protest these proposals aroused, I am happy to report the DfT has confirmed that these proposals will not be proceeded with. They must have arisen in the first place from a concern in some quarters at the continuing use of some old engines in what might be effectively new cars.

They did not understand the reason for the use of these historic engines and are unlikely to be happy to accept them now. So the Federation will keep an eye on their possible return in another form.

 

MOT Procedures

 

And finally, the Federation is aware that there has been concern around the recently updated MOT procedures, particularly because the importance of failures designated as ‘dangerous’ has been emphasised.

While it is the view of the Federation that these changes do not amount to significant change in the MOT requirements, they make it particularly important for owners to ensure that MOT testing of historic vehicles is undertaken by testers who understand the differences between historic and contemporary vehicles. In that respect we draw your attention to the list of ‘Historic Friendly Testing Stations’ on our website. We would also take this opportunity to renew our invitation for members to offer recommended additions to this list.

 

 

DVLA Ian Edmunds

 

The Federation is now in a position to properly explain a topic previously only mentioned in passing. It may be recalled that over the last few months I have made some cryptic references to the potential pitfalls that could arise from modifying a monocoque bodyshell. During that period the Federation has been involved in discussion with DVLA and with the owners and clubs involved with two particular cars. From that we are now in a position to provide much clearer guidance.

Regardless of what may have happened in the past, any alterations to a monocoque bodyshell will be considered by DVLA to fall within the ‘radically altered’ category and the rules set out therein will apply (see INF26 and https://www.gov.uk/vehicle-registration/radically-altered-vehicles). As a result, DVLA will cancel the vehicle’s original identity, require the vehicle to be marked with a DVLA VIN, the vehicle will be required to obtain an Individual Vehicle Approval (IVA) and a ’Q’ registration will be issued

If the vehicle is already registered the existing registration will be withdrawn.

The two instances referred to concerned saloons or coupes converted to convertibles but the same approach would apply to saloons converted to pickups and other similar changes.

Exactly the same principle would apply to modified chassis and indeed to modified frames for motorcycles.

FBHVC are fully aware that for the large majority of historic vehicles it is not possible to obtain an IVA without expensive and significant modifications which would in any case destroy the historic integrity of the vehicle.

Thus the only conclusion can be ‘don’t do it!’

Discussions continue with DVLA about how this policy can best be brought to the attention of vehicle owners as FBHVC feel that currently it is not generally appreciated that modifications of this nature will bring the vehicle within the ambit of the ‘radically altered’ rules.

On other matters, DVLA have very helpfully provided correct contact details and post codes for some other routine activities in addition to those for First registration applications, changes to registered vehicles and V765 and Reconstructed classic applications given in the last edition. These are -

 

Fee paying Enquiries SA99 1AJ

Changes on a Vehicles Registration Certificate/document SA99 1BA

Notification of Sale, Transfer or SORN SA99 1AR

Taxation team SA99 1DZ

Change of name/address on driving licence SA99 1BN

Apply for a duplicate/exchange or renew a driving licence SA99 1AB

Renew a driving licence over 70 SA99 1AA

 

As noted in the last edition, talks continue on a number of other matters notable among which are the apparently increasing difficulties being experienced by clubs and members in registering vehicles which were originally exported to their destination countries in CKD form and which are now being imported into the UK. I hope to be able to report more fully on these in the next edition.

 

 

Reproduced with kind permission of FBHVC

 

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