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Form V112 (registering for non-MoT test exemption)

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Keith Bennett

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Form V112 (registering for non-MoT test exemption)

Post06 Aug 2018 16:59

There's been much discussion over the seeming lack of clear advice from DVLA over what happens the next time the owner of a vehicle over 40 years old needs to renew their road fund license, with particular regard to informing the authorities that the owner has taken the voluntary and now entirely legal option of not having their exempted classic vehicle put through the annual MoT test.

DVLA produces Form V112 which is designed to be filled in and taken to a Post Office along with the other paperwork necessary when applying for the next year's road fund license. I believe this is still mandatory for those who go along this traditional route but worries were raised over the availability of this form at the Post Offices, where availability seems still patchy. The owner will need to repeat this V112 application at each anniversary in order to keep their data current.

However, for those using the internet, this form can be downloaded at
https://www.gov.uk/government/publications/declaration-of-exemption-from-mot
duly completed and submitted with the relevant paperwork at a Post Office.

For those of us using the automated DVLA on-line service to apply for the road fund license, things are now considerably simpler. Prior to the anniversary date, a reminder arrives inviting the owner to apply for next year's road fund license, gives the secure DLVA automated internet page, and the owner's specific identification number. If your vehicle holds a current MoT certificate the system takes you through a few questions and then announces the submission has been successful.

If your vehicle's MoT certificate expired during this last year's road tax, an extra page appears asking if the applicant wishes to opt out of the MoT test, and to tick their assurance that their vehicle is indeed over 40 years old. The system then continues to process the application and announces the submission has been successful. If using this automated process there is no need to inform DVLA on Form V112 of one's decision not to apply for an MoT test.

Do be aware that if you haven't informed DVLA of your wish for exemption (either on Form V112 if using traditional paperwork, or by telling them on their automated page) and do not hold a current MoT certificate, you will be liable to be stopped by Police using their Automated Number Plate Recognition systems because their records will not be aware of your decision. There may be a chance of prosecution for using a motor vehicle on the public road with no current MoT certificate.
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AustinA40

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Re: Form V112 (registering for non-MoT test exemption)

Post06 Aug 2018 18:38

Thanks for this Keith, but I still see a grey area (unless I have read it wrong).

My A40 ran out of MOT in March this year and it is not due to be taxed until November this year. So can I use it on the road in its current condition?
You have stated....

"If your vehicle's MoT certificate expired during this last year's road tax, an extra page appears asking if the applicant wishes to opt out of the MoT"
- but I wont get to this extra page until another 3 months when tax is due.

"if you haven't informed DVLA of your wish for exemption and do not hold a current MoT certificate, you will be liable to be stopped by Police using their Automated Number Plate Recognition systems because their records will not be aware of your decision"

Your statement says that when you come to tax it either "online" or "paper" there is an option to state that you no longer wish to MOT it. But this is still another 3 months away - and as you say if the boys in blue detect that I have no MOT I will get nicked!
So is there a provision to let DVLA know that I dont wish to get it MOT'd anymore before my tax is due?

Confused ? I am.
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Keith Bennett

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Re: Form V112 (registering for non-MoT test exemption)

Post06 Aug 2018 19:35

Gosh, well spotted. The DVLA updated their V112 page on 18th May of this year and on the bottom of the Form it clearly says:

"It is an offence under Section 47 of the Road Traffic Act or article 63 of the Road
Traffic (Northern Ireland) Order 1995 to use a car, motorcycle or light goods
vehicle without an MoT certificate on a public road unless the vehicle
is ‘exempt’ from MoT testing."

But as you rightly say, this creates a grey area. My personal opinion is that although you're running around without an MoT certificate you are theoretically covered by the phrase at the end of the V112 that says "...unless the vehicle is ‘exempt’ from MoT testing." (But a policeman may point out that, because you haven't yet informed DVLA, their records still show the MoT as outstanding/out of date.)

Yours is, but to be on the safe side I would download and print the on-line V112 and keep it in the car in case you're stopped (or, be very brave, and go along to the local nick and ask their opinion. I suspect they would stick to the letter of the law - "No MoT? you're nicked, squire !")

The only reason I was able to 'test' the DVLA was because both my classics' MoTs ran out on the same day and their road fund licenses both expire at the end of August. I had the Austin MoT'd but not the VW. So, when my reminder letters arrived, I applied for their licenses but watched very carefully to spot any differences between the two pages. Only the VW's on-line registration application contained that phrase "Our records show that as your vehicle was built more than 40 years ago it is exempt from MoT..." and I was invited to confirm its age and that I no longer wished it to have a current MoT certificate.

So, my personal opinion, Colin, is that the official form exonerates you from the obligation to possess a current MoT for your A40 but of course it's up to you to decide how to continue. Please let us know on here what you discover!
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Chairman Ed

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Re: Form V112 (registering for non-MoT test exemption)

Post07 Aug 2018 07:37

If you take the form to the Post Office and tax your car ( for free ) , even if it is not due, this will update the DVLA record that it does not require an MOT.

I suspect many classic car owners will get caught out and will end up with a fine.
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Sunny_Jim

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Re: Form V112 (registering for non-MoT test exemption)

Post07 Aug 2018 22:19

If your MOT runs out before the tax, there is no obligation to get it re-tested. Indeed, if you keep getting a test, you wont be able to declare it exempt!

The DVLA are a little vague but here are some quotes:

"You do not need to get an MOT if:

the vehicle was built or first registered more than 40 years ago
no ‘substantial changes’ have been made to the vehicle in the last 30 years, for example replacing the chassis, body, axles or engine to change the way the vehicle works"

And:

You must apply for a vehicle tax exemption to stop paying vehicle tax. This is sometimes called putting a vehicle into the ‘historic tax class’.

You do not have to apply to stop getting an MOT for your vehicle each year. However, you must still keep it in a roadworthy condition."


So you don't actually have to do anything when the MOT runs out, until you come to tax it - this is only going to be the case until all currently eligible vehicles have been re-taxed by their owners. This is different from the approach for vehicle tax exemption.

Some people are declaring SORN on expiry of their MOT, then immediately re-taxing the vehicle and declaring it as 'not substantially changed'.

Some clubs have also published guidance on what constitutes 'substantial changes' rather than have to deal with lots of enquiries! E.g. any in-line A series engine should be acceptable, but fitting a V8 would be a substantial change.

Sunny Jim
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Graham Bish

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Re: Form V112 (registering for non-MoT test exemption)

Post08 Aug 2018 08:09

The FBHVC have released an Addendum to newsletter No3 specifically on this topic.

It gives the full interpretation on the subject and explains all scenarios as we have discussed in this thread including Police awareness.

I have uploaded a pdf of the document so hopefully this will work. If not here is a link to the FBHV website where you can download it and all previous newsletters. http://fbhvc.co.uk/members-pages/newsletter-archive/
Attachments
FBHVC_News_3.18_Addendum.pdf
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Keith Bennett

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Re: Form V112 (registering for non-MoT test exemption)

Post09 Aug 2018 07:50

Thanks for the FHBVC link Graham. Their article is very long and detailed, which is why I only abstracted the key elements for owners of "normal" cars and the confusion over "to MoT or not to MoT".

The bottom line does appear to be that the owner of any car whose MoT certificate has expired, but whose Road Fund license has not, is safe from Police action because DVLA and FHBVC have issued their respective statements. I still think it's a good idea to carry a hard copy of V112 in the car just in case one is stopped.

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