changes to the MOT exemption procedures|
The Federation of British
Historic Vehicle Clubs (FBHVC) has discovered the implementation of the EU Roadworthiness
Directive on 20th May 2018 continues to raise many questions for its members and
for that reason it has decided to take an exceptional step of publishing an Addendum
to the various articles they have published so far.
Substantial Change, VHI and MOT exemption procedures
See our updated flowchart
incorporating this change in MOT exemption procedure. Flowchart
Information received from a fellow V8 member
In an email
exchange with a longstanding V8 member a few days ago he said he has been advised
by DVSA that "if your car is over 40 years old with a current MOT, when
that MOT expires you do not need to re MOT it and you only need to produce the
V112 next time you tax the car even if it's next year". The V8 Webmaster's
reaction was that's not my understanding of the MOT exemption self declaration
process but I wonder whether faced with the practicalities of updating the online
MOT records which the police can access, they have decided to avoid many potential
administrative problems? So I contacted fellow member Chris Hunt Cooke and he
alerted me to an FBHVC addendum recently released to their earlier Newsletter
which highlights some extraordinary changes made by Uk Government agencies on
the implementation of the Roadworthiness Directive and the MOT exemption self
We understand that in connection with the MOT exemption and VHI
matters the MG Car Club has been requested to become an expert on the List of
Experts being assembled by the FBHVC. Information on the scope of the expert role,
the procedures and the identity of the Club's "expert" or "experts"
is still awaited despite two email requests for information, neither of which
has had a reply. So as the start of the new MOT exemption concession was rapidly
approaching on 20th May 2018, we set up our consultation
service which was announced on 3rd April 2018 to help fellow MGV8 members
with any queries they may have with the DfT Substantial Change guidance and the
procedure for making a declaration as an "MOT exempt vehicle".
on the marque expert role: anyone volunteering to act as an "expert"
with these extraordinary developments is left slightly aghast to say the least
at the this type of administrative change made by Government agencies as we see
revealed in the FBHVC addendum!
Substantial change, VHI and MOT exemption
See our webpage with links to all material released on the V8
Website on these topics. More
180627 & Updated: 180702
FBHVC has discovered the implementation of the EU Roadworthiness Directive on
20th May 2018 continues to raise many questions for its members and for that reason
it has decided to take an exceptional step of publishing an Addendum
to the various articles they have published so far. The addendum to their last
FBHVC Newsletter (Issue 3 2018) was made when it became clear to the FBHVC that
the agencies responsible for managing the MOT exemption changes have decided that
it would be impracticable to introduce these changes following precisely what
had previously been set out. They are therefore effectively assuming that all
40 year old vehicles are exempt up to the time when their licence becomes due
for renewal. 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 FBHVC offers no opinion as to
whether the process described precisely follows the law as set out in the relevant
Regulations. Nor has the FBHVC
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
issued by the FBHVC Newsletter (Issue 3 2018) released in June 2018|
a copy of the Addendum. More
MOT/GVT Exemption regime
Principles of exemption within the vehicle licensing
> 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 FBHVC 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 FBHVC is aware by
which this anomaly can be dealt with in this system.
a vehicle can become eligible for MOT exemption some months before meeting the
Historic taxation class exemption requirement.
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
> 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
> 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.
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 not substantially 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.
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.
FBHVC 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.
the avoidance of doubt, the obligation not to use an unroadworthy vehicle on the
road is unaffected by this process.