advice ,no tax ,no mot returning to uk

[DBSV8]

quick question , I have a transit sat in France , the MOT and Tax has expired , I need to bring back to the UK to be re-tested , guess the exhaust will probably require replacing ,

Is it legal to book into an MOT station 60miles from the ferry port , obviously as soon as I drive the van through customs it will be pinged by the Transport police , do I need any paperwork to prove the van has been pre-booked etc.
have the insurance paperwork etc. Van has been declasred SORN while i have been away.

thanks

[Dwight Vandriver]

Two pieces of legislation apply :

1. Vehicle Excise and Registration Act 1994
Schedule 2:

exempts a vehicle from Excise duty whilst it is being USED SOLEY for the purpose of submitting it for a pre-arranged test at a SPECIFIED TIME and SPECIFIED DATE.
My legal book has a rider to the effect "whether a vehicle is being used soley for this purpose is a matter of fact and degree and it would be ridiculous to hold that a driver could not buy petrol or make a short stop provided that he is on the way to the test (Sec of State for Transport v Richards [1997]"

2.Motor Vehicles (Tests) Regulations 1981:

A vehicle is exempt from a Test certificate for the purpose of submitting it by previous arrangement, for or bringing it away from an examination.

I am not aware of any High Court judgement that 60 miles is too far, or that the nearest Testing Station has to be used - it has yet to be tested. Just how far one can stretch this is debateable. It would not cover, IMHO, an impecunious holiday maker in London from arranging for his car carrying him and his family on holiday to Scotland to be tested in Glasgow.

So......on the face of it it would appear that what you suggest is legal.

If you do it I would suggest the exhaust be fixed in France, ensure the testing Garage has a note of the time and date test to be done so that they can confirm if contacted, note the two bits of legislation for quoting if necesssary and no deviation from the reason why no Excise/Test certificate if questioned.

Further, once tested and a pass, Licence the vehicle pdq. This will help if any report made to DVLA.

The decision is your mon-ami.

dvd

[DBSV8]

Thanks DVD

my thoughts were to get the vehicle fixed up In France , then arrange with the garage in the UK and get confirmation in writing that the van has been booked in for MOT , so that
when i get to the Port I have evidence that I am complying with the law
after which tax the van same day
cheers
DBS

Edited by DBSV8 on Saturday 17th June 13:20

[Dwight Vandriver]

That would do me D.....coming in with a roadworthy vehicle and steps taken to get the necesssary.

But then I am one of the old breed

dvd