The report we published last month into the May 2018 MOT changes for Vehicles of Historical Interest (VHIs) over 40 years old generated the most interest, both online and in direct communication, that we’ve ever had. You can read the story and some of the comments here.
The issue has obviously aroused a great amount of debate and the responses we received raised some very important points. Therefore, we’ve contacted both the DVLA and DVSA on your behalf to answer some of the more specific questions. Here are there (and our) responses:
Does Hagerty insist on an MOT to insure a classic, even over 40 years old?
No. This is entirely your decision as an owner.
The DVLA Form V112 doesn’t have an option for cars over 40 years old (just pre-1960 vehicles).
The V112 is the form you must fill in to claim exemption from MOT due to VHI status. We posed this question to David Whitbread from the DVLA Press Office. He said, “The forms will be updated when the changes come into effect on 20th May 2018”.
Hagerty says: We expect some old forms will be held by Post Offices, so the online form, when updated, may be a better bet at first. As of 20th May, the online form has been updated; the link is here.
If my car is classed as an Historic Vehicle for tax purposes, and I choose not to register it as a VHI (e.g. want to voluntarily continue with MOT testing) does that affect my tax status?
Again, we received a response from David Whitbread. “No. The tax status and the MOT status are separate”. So, if you have a car that is in the historic tax category, it will remain so whether you apply for MOT exemption or not.
Apply for historic tax status by following the guidance here.
We spoke to Neil Barlow, Head of MOT Policy at the DVSA. He gave us the following answers:
Is it 40 years from manufacture or from first registration?
“A vehicle won’t need an MOT from the 40th anniversary of when it was first registered or first used (whichever came first)”.
MOT Regulations state the car must be ‘of a type no longer in production’ to qualify as a VHI. What about a car that IS still in production, like a Morgan 4/4?
“In the case of specific vehicles, we would refer motorists to the published guidance”.
Hagerty says: This did not answer the question we set so we have asked for clarification but are still awaiting a response. This will only affect a tiny number of models; a name that is still in use (like Range Rover, Mini, Beetle etc.) is not the same model so won’t be affected. If your car is one that is still in production, please consult your owners’ club.
We understand that you’ll have to fill the V112 only once, but then reconfirm the MOT exemption at every subsequent tax renewal. Is this correct?
“Owners of vehicles that are eligible for MOT exemption by virtue of their age will be able to be declared exempt formally as part of the vehicle exemption duty (VED) renewal process. This can be done on-line at each tax renewal, or by paper form for those that wish.”
What if the car is registered as a VHI and MOT exempt, but then subsequently substantially modified?
“If vehicle is subsequently substantially modified then it will need an MOT”.
What about cars that were assembled from kits at franchisees, other garages and first owners?
“If an owner is unsure if their vehicle needs an MOT, they should get one. Alternatively, they could contact the Federation of British Historic Vehicle Clubs”.
Will specific guidance for VHI motorcycles be given?
“Specific guidance for VHI motorcycles is available from DfT”.
Hagerty says: We searched the DfT website but couldn’t find any. However, the FBHVC has some useful information regarding the matter here.
Emissions: DVSA guidance change pdf states the metered smoke test date has been changed to 1 January 1980. Can you clarify what this refers to?
“The 01 January date replaces the 01 August 1979 date in section 7.4, compression ignition. The 1975 date in 7.3 remains, as it relates to spark ignition”.
What is the situation regarding VHIs over 40 years old in Northern Ireland?
We received the following reply from DVA NI:
“This has not come into force in Northern Ireland as of yet, it is due at some stage later in the year. The changes require the clearance of any incoming Minister before the legislation could be made”.
Mr Barlow also said:
“DVSA’s priority is to help you keep your car safe to drive. 20 May 2018 sees major changes to the MOT and it’s important that motorists are fully aware of them. We would recommend that owners of classic vehicles consult the guidance which is available on GOV.UK”
Relevant links below
https://www.gov.uk/government/consultations/roadworthiness-testing-for-vehicles-of-historic-interest
We hope that helps to clarify matters. Now the new regulations are in force, let us know in the comments below how you get on!
Still unclear as to what constitutes a substantially modified vehicle Upgraded brakes? Larger wheels? Bigger engine? Manual to Automatic gearbox?
I applied online for an Road Tax licence (I was coming off SORN) on the morning of May 20th and one of the options given was ‘to declare the vehicle exempt’. This I did and it all just took a few minutes. Obviously the system knew the vehicle was over 40 years old – presumably if its not the option won’t appear. So no need for a V112 as its all very quick and simple online.
So, if I have a VHI that is currently Taxed (at zero cost) but the MoT has subsequently expired, is it legal to drive it on the public highway without completing V112?
Not true for my motorcycle. Tried to charge me full 88 quid. I had to call DVLA ( whatever they call it now ) and they were very helpful. Only way was to take it to Post Office and send the V5 off with section 7 filled in to change the taxable category from ‘bicycle’ to ‘historic’. Post Office were brilliant, knew exactly what to do.
I’m still confused about the situation regarding veteran cars already in the Historic Vehicle taxation class and which therefore are currently recognised by the DVLA as MoT exempt. Under the new arrangements do they need to re-apply for MoT exemption or does the existing exemption continue to apply? If the current exemption continues, presumably no further action is needed – or is it ?
I note Hagerty’s response re: “Does Hagerty insist on an MOT to insure a classic, even over 40 years old? No. This is entirely your decision as an owner”. Question is – what risks are there that if an owner, validly without an MOT, is involved in an accident that results in claims, that a third party individual, or insurer, might use the fact that the owners vehicle did not have an MOT to their advantage to press excessive or unfair claims? How would Hagerty protect owners rights in such a case assuming the owner is operating within the terms of the law regarding not having an MOT?
The issue of what determines that a vehicle is 40 years old is now further confused! As far as I am aware the date when a vehicle was “first used” is a completely new definition, which has not appeared before in either road tax or MoT rules. What determines, or proves, when a vehicle was first used? In the meantime the gov.uk site is much clearer: “vehicles won’t need an MOT from the 40th anniversary of when they were registered or manufactured”. Mr Barlow’s answer on this point is completely unhelpful.
What do you do if the car is taxed and the mot runs out the 28th May. The V112 says it should be handed in when VED is applied for, what do you do now? How does this work if you get VED online? You will never be able to obtain it online because you can not fill and hand the V112 in
As has been made clear the tax exemption and Mot exemption are separate but as I see it they have been administratively connected by the requirement to declare Mot exemption at each (nil value) taxation time. This creates a problem at the first Mot exemption if it does not coincide with the re-tax date as there will be a time after the physical Mot runs out until the next tax date during which there appears to be no mechanism to declare Mot exemption. The only way around this short of having an actual Mot would seem to be to Sorn the vehicle and then “re-tax” it at which point Mot exemption can be declared. The requirement to do this at each “re-tax” also creates a potential problem if one makes the mistake of forgetting to tick the exemption box or doesn’t realise that it must be done each time as I am sure the Police computer will flag you up as not having an Mot. What happens then is dependent on what sort of day the traffic officer is having. Ian Thomson
As has been made clear the tax exemption and Mot exemption are separate but as I see it they have been administratively connected by the requirement to declare Mot exemption at each (nil value) taxation time. This creates a problem at the first Mot exemption if it does not coincide with the re-tax date as there will be a time after the physical Mot runs out until the next tax date during which there appears to be no mechanism to declare Mot exemption. The only way around this short of having an actual Mot would seem to be to Sorn the vehicle and then “re-tax” it at which point Mot exemption can be declared. The requirement to do this at each “re-tax” also creates a potential problem if one makes the mistake of forgetting to tick the exemption box or doesn’t realise that it must be done each time as I am sure the Police computer will flag you up as not having an Mot. What happens then is dependent on what sort of day the traffic officer is having. Ian Thomson
As has been made clear the tax exemption and Mot exemption are separate but as I see it they have been administratively connected by the requirement to declare Mot exemption at each (nil value) taxation time. This creates a problem at the first Mot exemption if it does not coincide with the re-tax date as there will be a time after the physical Mot runs out until the next tax date during which there appears to be no mechanism to declare Mot exemption. The only way around this short of having an actual Mot would seem to be to Sorn the vehicle and then “re-tax” it at which point Mot exemption can be declared. The requirement to do this at each “re-tax” also creates a potential problem if one makes the mistake of forgetting to tick the exemption box or doesn’t realise that it must be done each time as I am sure the Police computer will flag you up as not having an Mot. What happens then is dependent on what sort of day the traffic officer is having. Ian Thomson.
We’ve gone back to the DVLA to clarify the ‘first use’ sentence. They told us it was a mistake on their behalf and the sentence should read: “A vehicle won’t need an MOT from the 40th anniversary of when it was first registered or manufactured (whichever came first), unless it has been substantially modified. But it must be kept in a roadworthy condition at all times. Some people may choose to have an MOT carried out.” Hope that finally clarifies that issue. In terms of post-incident management of a car that is MOT exempt, that wouldn’t change the current situation. Fundamentally an MOT is just a snapshot of a vehicle against given criteria at a single moment in time. We’d support our clients as usual if a claim was necessary.
What about pre-1960 cars previously exempt from MOTs already but not with a current MOT (although being used on the road) but which were needing to be taxed before May 20th ? Do they now have to be MOT’d immediately ?. Can they wait until the next tax renewal (in this case March 2019), Can they be taxed again via a Post Office taking along a V112
I am also trying to understand how I can get the online DVLA mot status for my already road tax exempt historic Vehicle to be updated. MOT run out on 23rd Jun 18 and road tax run out on 1 Jan 19. I have exchanged emails with DVSA and DVLA and phoned both to no avail. Each referred me back to the other. The best advice I received was that if I wanted to renew my vehicle’s tax on-line and align MOT and tax renewal dates then I should declare it SORN and then immediately re-register it for road use.
I filled out the V112 now what do I do with it? My car is tax exempt so I don’t go to post office to tax it. Do I just send the form to the DVLA?
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