Police Clarify Their Stance on Historic Vehicle MOT Exempti
Apr 26, 2019 15:32:47 GMT
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Post by David on Apr 26, 2019 15:32:47 GMT
As the Rover P5 Club is a fully paid up member of the FBHVC, we receive updates on related motoring news, which we are happy to share with non-club members on this forum. Should you be reading this, taking on board the information shown below and feel a sting of conscience that you are benefiting yet not contributing to the club, then I have a quick and easy solution - you cannot blame me for trying 
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Police Clarify Their Stance on Historic Vehicle MOT Exemptions
Following a recent incident where the driver of an historic vehicle was erroneously given notice of intended prosecution by a police officer, The Federation of British Historic Vehicle Clubs (The Federation) has made efforts to avoid similar incidents by contacting the parties responsible seeking clarifications.
We have already made available to our members through the website (www.fbhvc.co.uk) a letter from the Department for Transport clarifying the position on exemptions, but it was still the case that enforcing officers had no access to a database of declarations by owners of VHIs as this data when supplied by owners is not recorded.
We therefore have sought and have just received assurances from Chief Constable Anthony Bangham, Lead on Roads Policing of the National Police Chiefs’ Council that they are in agreement with the Department for Transport’s letter of 11 January, which we shared with you earlier and now repeat.
Chief Constable Bangham has confirmed that police recognise that there is a presumption that where a vehicle meets the criteria as laid out by the Department of Transport (DfT) it does not require an MOT Certificate and any person using such a vehicle cannot commit an offence. Officers will not rely on declarations made at relicensing times to police this matter.
We are pleased now on the eve of Drive it Day, probably the largest national assemblage of historic vehicles of the year, to provide this confirmation to all members. Our advice for anyone who remains concerned is simply to print a copy of the Department for Transport letter of 11 January and carry it with your other documents.
Department of Transport
RE: Vehicle Of Historic Interest MOT Exemption
The following is a statement of the effect of recent legal changes to requirements for MOT testing of vehicles at least 40 years old.
On 20 May 2018 the Motor Vehicle (Tests) (Amendment) Regulations 2017 came into force. Regulation 7 sets out that any car, van (under 3.5t) or motorcycle which is being used on a public road is to be considered a vehicle of historic interest and therefore no longer required to hold a valid MOT certificate if it:
was manufactured or registered for the first time at least 40 years previously
is of a type no longer in production, and
has been historically preserved or maintained in its original state and has not undergone substantial changes in the technical characteristic of its main components.
This amended the previous exemption from MOT testing for cars, light vans or motorcycles manufactured in 1960 or before. The arrangements for the testing of old larger vehicles are different.
There is no requirement, either intended or implied, that at the point a vehicle becomes 40 years old and providing the vehicle has not been substantially changed, for the owner to make a declaration to any statutory body, declaring that the vehicle is a vehicle of historic interest and is therefore no longer required to have a valid MOT certificate.
The Department and DVLA have set up an administrative process (via DVLA form V112 and the equivalent process on-line) which requires at the time of the annual re-licensing of vehicles a declaration that the vehicle is a vehicle of historic interest – in that it has not been substantial modified. This process is in place to help owners of old vehicles that have been substantially modified do not by mistake run them without a valid MOT. The Department has published information about what constitutes a substantial modification in this context and encourages owners who do not know to seek advice.
Simply click on this link: CONSCIENCE CLEARING LINK
Police Clarify Their Stance on Historic Vehicle MOT Exemptions
Following a recent incident where the driver of an historic vehicle was erroneously given notice of intended prosecution by a police officer, The Federation of British Historic Vehicle Clubs (The Federation) has made efforts to avoid similar incidents by contacting the parties responsible seeking clarifications.
We have already made available to our members through the website (www.fbhvc.co.uk) a letter from the Department for Transport clarifying the position on exemptions, but it was still the case that enforcing officers had no access to a database of declarations by owners of VHIs as this data when supplied by owners is not recorded.
We therefore have sought and have just received assurances from Chief Constable Anthony Bangham, Lead on Roads Policing of the National Police Chiefs’ Council that they are in agreement with the Department for Transport’s letter of 11 January, which we shared with you earlier and now repeat.
Chief Constable Bangham has confirmed that police recognise that there is a presumption that where a vehicle meets the criteria as laid out by the Department of Transport (DfT) it does not require an MOT Certificate and any person using such a vehicle cannot commit an offence. Officers will not rely on declarations made at relicensing times to police this matter.
We are pleased now on the eve of Drive it Day, probably the largest national assemblage of historic vehicles of the year, to provide this confirmation to all members. Our advice for anyone who remains concerned is simply to print a copy of the Department for Transport letter of 11 January and carry it with your other documents.
Department of Transport
RE: Vehicle Of Historic Interest MOT Exemption
The following is a statement of the effect of recent legal changes to requirements for MOT testing of vehicles at least 40 years old.
On 20 May 2018 the Motor Vehicle (Tests) (Amendment) Regulations 2017 came into force. Regulation 7 sets out that any car, van (under 3.5t) or motorcycle which is being used on a public road is to be considered a vehicle of historic interest and therefore no longer required to hold a valid MOT certificate if it:
was manufactured or registered for the first time at least 40 years previously
is of a type no longer in production, and
has been historically preserved or maintained in its original state and has not undergone substantial changes in the technical characteristic of its main components.
This amended the previous exemption from MOT testing for cars, light vans or motorcycles manufactured in 1960 or before. The arrangements for the testing of old larger vehicles are different.
There is no requirement, either intended or implied, that at the point a vehicle becomes 40 years old and providing the vehicle has not been substantially changed, for the owner to make a declaration to any statutory body, declaring that the vehicle is a vehicle of historic interest and is therefore no longer required to have a valid MOT certificate.
The Department and DVLA have set up an administrative process (via DVLA form V112 and the equivalent process on-line) which requires at the time of the annual re-licensing of vehicles a declaration that the vehicle is a vehicle of historic interest – in that it has not been substantial modified. This process is in place to help owners of old vehicles that have been substantially modified do not by mistake run them without a valid MOT. The Department has published information about what constitutes a substantial modification in this context and encourages owners who do not know to seek advice.