Update
on substantial change, VHI declarations and MOT exemption
MOT
exemption for Vehicles of Historic Interest See our concise two page article.
Note the clarification in the second paragraph that "the new MOT exemption
arrangement is one of three entirely separate matters concerning historic vehicles,
which thankfully will stay separate as none of them affect each other at all".
More
MOT
exemption flowchart Illustrates the substantial change, VHI declaration
and MOT exemption procedure. Flowchart
2
Timing issues flowchart Illustrates how a VHI self
declaration has to be made with an application for a VED application for an Historic
car. Flowchart
3
VED exemption flowchart This flowchart illustrates the
procedure for claiming VED exemption. It is a separate process from VHI/MOT exemption
but is included here for reference. Flowchart
1
DfT Guidance on "substantial change" See the
DfT Guidance and FBHVC's useful notes on the DfT Guidance. A key thing a keeper
assessing their vehicle for a VHI declaration needs to note is that understanding
the Substantial Change guidance is not simply about technical aspects of substantial
change but also about the interpretation of a guidance document with its very
subtle drafting. DfT
Guidance
Support with DfT Guidance and a VHI self declaration Should
V8 Register members wish to discuss any matter relating to the DfT Guidance or
VHI eligibility and any issues and concerns with self declaring a 40 year old
MGBV8 as a VHI, do contact the V8 Registrar for assistance. Email
Other
important MOT rule changes from 20th May 2018 See our NEWS item. More
Posted:
180403 & Updated: 180410 |  | The
UK Government has clarified its approach to the implementation of its obligations
under the EU Roadworthiness Testing Directive and how it will affect the UK MOT
test as it applies to historic vehicles, and specifically Vehicles of Historic
Interest (VHI). The new regime for exemptions from the requirement to take the
MOT test comes into force on 20th May 2018. The Federation of British Historic
Vehicle Clubs (FBHVC) is seeking the cooperation of member clubs in assisting
keepers of historic vehicles registered in Great Britain (England, Wales and Scotland)
in self declaring VHI (Vehicle of Historic Interest) status and obtaining an exemption
from the requirement that vehicles should undertake an annual MOT test. This exemption
is available to any vehicle which qualifies as a VHI: essentially it was manufactured
or registered for the first time at least 40 years previously, is of a
type no longer in production, has been historically preserved or maintained in
its original state and has not undergone substantial changes in the technical
characteristics of its main components in the last 30 years.
The
Department for Transport (DfT) has issued guidance - VHI: Substantial Change
Guidance (DfT Guidance) - which sets out the basis upon which the keeper of
a historic vehicle registered in Great Britain may declare to the DVLA (Driver
and Vehicle Licensing Agency), through a question on the annual relicensing form
or online application, that a vehicle qualifies as a VHI. DfT
Guidance . Making a VHI declaration to the DVLA in respect of a vehicle is
not compulsory. Not doing so in any year, because the keeper is content to have
the vehicle undertake an MOT test, does not mean the vehicle cannot be validly
declared a VHI in any subsequent year.
To discuss any matter relating to
the DfT Substantial Change Guidance or VHI eligibility or MOT exemption do contact
the V8 Registrar for assistance. | DfT
Guidance and self declaration as a VHI The DfT Guidance sets out a comprehensive
set of criteria to be used in deciding whether a 'substantial change' to a vehicle
has occurred. It also states that no change carried out more than thirty years
ago requires to be considered. Any changes to the vehicle in the last 30 years
have to be considered whether they are substantial or not with reference to the
criteria set out in the DfT Guidance on "substantial change". Currently
no procedure is proposed by DfT or DVLA to audit or check the validity of declarations
made by keepers of such vehicles. The responsibility of declaring a vehicle
is a VHI will rest entirely with the keeper of the vehicle.
Marque
or historic vehicle expert The DfT Guidance, in its fifth paragraph, states
that keepers should, if they are in doubt as to the status of their vehicle for
a VHI declaration, consult a marque or historic vehicle expert prior to
making a declaration to DVLA. The purpose of requiring the availability of experts
is purely to assist keepers in making their declaration, should they wish to do
so. The DfT Guidance also states that a list of such experts will be kept by the
FBHVC. The FBHVC refer to this list as the "List of Experts".
There is no compulsion on keepers to consult an expert from the list, or indeed
any expert, before making their VHI self declaration. We understand the MG Car
Club has been requested to become an expert on the List of Experts being assembled
by the FBHVC. Information of the scope of the role, procedures and the identity
of the Club's "expert" or "experts" is awaited. So as the
start of the new MOT exemption concession is rapidly approaching we have set up
the consultation service mentioned above to help fellow MGV8 members with any
queries they may have with the guidance or procedure. See alongside for details.
We
understand the function of an expert is to advise keepers of their opinion,
in their best judgement, on questions asked by the keeper both as to: a) whether
the vehicle is eligible in accordance with the DfT Guidance criteria to be declared
as a VHI and, b) to the extent
they have any relevant knowledge, the time any change to the vehicle was made.
For these purposes: a)
An expert does not make the final decision on whether or not a vehicle is declared
as a VHI. b) An expert may
require to inspect the vehicle to enable them to reach their opinion but will
not be obliged to do so. c)
No expert will be obliged to provide an opinion, unless they are satisfied the
information they have been provided with is accurate and sufficient. d)
An expert will have no responsibility to the DfT, DVLA, FBHVC or any third party
whether directly or indirectly in respect of their opinion. e)
An expert is free to decline to provide an opinion, whether to members of their
own organisation or to others, if in their view they are not in possession of
sufficient, or sufficiently precise and accurate, facts. f)
An expert or an organisation nominating an expert is entitled to reimbursement
of any costs incurred in reaching or providing the opinion and may make a reasonable
charge for the service provided, which may be different depending upon whether
the keeper making the request is or is not a current member of the MG Car Club
and the V8 Register.
In providing consultation services of expert services to vehicle keepers, the
V8 Registrar, the V8 Register, the MG Car Club and the FBHVC will have no responsibility
for any views, opinions or decisions the V8 Registrar may express to a member
seeking assistance or to any third party for the views expressed. The responsibility
for declaring a vehicle is a VHI will rest entirely with the keeper of the vehicle.
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