Buying a Car Privately Under Lockdown
Discussion
Under current restrictions, are you able to travel to buy a car privately? To complicate things, I live in Newcastle, and the car is in Edinburgh, which is level 3. I plan to have an inspection first, so it would literally be arrive and take car away.
I'm completely confused, Auto Trader and a few other sites seems to say it's ok if conducted safely, but not sure if its deemed essential travel.
I'd rather this didnt turn into a moral debate of IF I should, more can I legally.
Thanks in advance.
I'm completely confused, Auto Trader and a few other sites seems to say it's ok if conducted safely, but not sure if its deemed essential travel.
I'd rather this didnt turn into a moral debate of IF I should, more can I legally.
Thanks in advance.
It's all just very unclear.. I sold my car prior to lockdown 1, and we currently have a car that the other half uses. I have to visit different sites for work, albeit relatively infrequently, but it is an inconvenience not having a 2nd car.
Therefore I need a car for work, does this make it an essential journey?
From Autocar:
Buying privately is not advisable during the lockdown, as the rules state you should only leave home for essential purposes or to work if you cannot work from home. If you must buy a car so that you can work, shop or care for a vulnerable person, social distancing rules must be adhered to at all times, and you should not share a car with anyone from outside your household.
Therefore I need a car for work, does this make it an essential journey?
From Autocar:
Buying privately is not advisable during the lockdown, as the rules state you should only leave home for essential purposes or to work if you cannot work from home. If you must buy a car so that you can work, shop or care for a vulnerable person, social distancing rules must be adhered to at all times, and you should not share a car with anyone from outside your household.
The Lockdown 2 thread has some relevant stuff related to England, but not Scotland I'm afraid.
zzrman said:
The confusion arises from the fact that you [someone on the other thread] are quoting from the Guidance:
https://www.gov.uk/guidance/new-national-restricti...
not the legislation:
https://www.legislation.gov.uk/uksi/2020/1200/pdfs...
The guidance has no legal effect.
Only the legislation has legal effect. The legislation though not well drafted is at least clearer than the guidance which seeks to go places where the legislation doesn't.
For example, in Section 11 dealing with Travel the guidance says:
"If you live in England, you must stay at home and avoid travel in the UK or overseas, unless for work, education or other legally permitted reasons."
The implication is that the legally permitted reasons are limited to those specifically listed in regulation 6 of the legislation.
As BV has pointed out regulation 6 is effectively a deeming provision in that leaving your home for one of the reasons listed in the regulation is deemed to be a reasonable excuse. It is not however an exclusive list. Provided you have a reasonable excuse, which may or may not include one of the activities listed in regulation 6, you can leave your home.
https://www.gov.uk/guidance/new-national-restricti...
not the legislation:
https://www.legislation.gov.uk/uksi/2020/1200/pdfs...
The guidance has no legal effect.
Only the legislation has legal effect. The legislation though not well drafted is at least clearer than the guidance which seeks to go places where the legislation doesn't.
For example, in Section 11 dealing with Travel the guidance says:
"If you live in England, you must stay at home and avoid travel in the UK or overseas, unless for work, education or other legally permitted reasons."
The implication is that the legally permitted reasons are limited to those specifically listed in regulation 6 of the legislation.
As BV has pointed out regulation 6 is effectively a deeming provision in that leaving your home for one of the reasons listed in the regulation is deemed to be a reasonable excuse. It is not however an exclusive list. Provided you have a reasonable excuse, which may or may not include one of the activities listed in regulation 6, you can leave your home.
Hav1979 said:
Under current restrictions, are you able to travel to buy a car privately? To complicate things, I live in Newcastle, and the car is in Edinburgh, which is level 3. I plan to have an inspection first, so it would literally be arrive and take car away.
I'm completely confused, Auto Trader and a few other sites seems to say it's ok if conducted safely, but not sure if its deemed essential travel.
I'd rather this didnt turn into a moral debate of IF I should, more can I legally.
Thanks in advance.
There is NO RULE REQUIRING TRAVEL TO BE ESSENTIAL.I'm completely confused, Auto Trader and a few other sites seems to say it's ok if conducted safely, but not sure if its deemed essential travel.
I'd rather this didnt turn into a moral debate of IF I should, more can I legally.
Thanks in advance.
There is NO EXHAUSTIVE LIST of reasons for travel.
Going to buy a car is a reasonable thing to do.
Edit: That is England. I have not kept up to date on Scottish rules, but Scotland is not locked down AFAIK. There is the bonkers tier blah instead.
Edited by anonymous-user on Sunday 8th November 15:38
Hi, great many thanks.
I was just going off the .gov website secfion 11 and reviewing legally permitted reasons.
https://www.gov.uk/guidance/new-national-restricti...
Copied from above link:
If you live in England, you must stay at home and avoid travel in the UK or overseas, unless for work, education or other legally permitted reasons. If you need to travel you should look to reduce the number of journeys if possible.
I was just going off the .gov website secfion 11 and reviewing legally permitted reasons.
https://www.gov.uk/guidance/new-national-restricti...
Copied from above link:
If you live in England, you must stay at home and avoid travel in the UK or overseas, unless for work, education or other legally permitted reasons. If you need to travel you should look to reduce the number of journeys if possible.
It's not whether it's "reasonable" to go out out, but "reasonably necessary":
https://www.legislation.gov.uk/uksi/2020/1200/regu...
The list of explicitly permitted reasons give clues as to what may be deemed reasonably necessary. I mentioned in another thread that going out to view/buy a car because you need one for essential travel (work, school runs etc) would very likely be deemed so, but going to look at/buy a 2nd car for leisure/fun purposes may not.
https://www.legislation.gov.uk/uksi/2020/1200/regu...
The list of explicitly permitted reasons give clues as to what may be deemed reasonably necessary. I mentioned in another thread that going out to view/buy a car because you need one for essential travel (work, school runs etc) would very likely be deemed so, but going to look at/buy a 2nd car for leisure/fun purposes may not.
Gareth79 said:
It's not whether it's "reasonable" to go out out, but "reasonably necessary":
https://www.legislation.gov.uk/uksi/2020/1200/regu...
The list of explicitly permitted reasons give clues as to what may be deemed reasonably necessary. I mentioned in another thread that going out to view/buy a car because you need one for essential travel (work, school runs etc) would very likely be deemed so, but going to look at/buy a 2nd car for leisure/fun purposes may not.
You are mistaken. You have misread the legislation. Look at reg 5. Reg 6 has no relevance in this instance.https://www.legislation.gov.uk/uksi/2020/1200/regu...
The list of explicitly permitted reasons give clues as to what may be deemed reasonably necessary. I mentioned in another thread that going out to view/buy a car because you need one for essential travel (work, school runs etc) would very likely be deemed so, but going to look at/buy a 2nd car for leisure/fun purposes may not.
Edited by anonymous-user on Monday 9th November 04:07
Gareth79 said:
It's not whether it's "reasonable" to go out out, but "reasonably necessary":
https://www.legislation.gov.uk/uksi/2020/1200/regu...
The list of explicitly permitted reasons give clues as to what may be deemed reasonably necessary. I mentioned in another thread that going out to view/buy a car because you need one for essential travel (work, school runs etc) would very likely be deemed so, but going to look at/buy a 2nd car for leisure/fun purposes may not.
Regs also say that 'recreational' reasons are kosher for leaving the house, so one could argue that buying a Porsche 911 for a Sunday recreational blat is within the law. Perhaps BV could comment??https://www.legislation.gov.uk/uksi/2020/1200/regu...
The list of explicitly permitted reasons give clues as to what may be deemed reasonably necessary. I mentioned in another thread that going out to view/buy a car because you need one for essential travel (work, school runs etc) would very likely be deemed so, but going to look at/buy a 2nd car for leisure/fun purposes may not.
The chances of a successful prosecution in such a case would be small. A drives a car to see another car that A might buy - this is reasonable. A buys car. The next day, A gets a train or a taxi to collect the car, and drives it home. Reasonable. A goes out for a blat in the car for recreation. Reasonable.
The lockdown, if effective at all, is mainly effective in stopping people going to crowded places such as pubs and restaurants (although the small Tesco Metro that I shopped in yesterday was as crowded as many a pub would be if open). The lockdown has little impact on people doing stuff on their own.
This is not to say that it is not still objectionable that the citizens of a democracy should have to worry about whether it is OK for them to go out and do ordinary stuff, on the basis of some hypothetical scenarios put forward by one group of scientists, with whom other scientists firmly disagree.
The lockdown, if effective at all, is mainly effective in stopping people going to crowded places such as pubs and restaurants (although the small Tesco Metro that I shopped in yesterday was as crowded as many a pub would be if open). The lockdown has little impact on people doing stuff on their own.
This is not to say that it is not still objectionable that the citizens of a democracy should have to worry about whether it is OK for them to go out and do ordinary stuff, on the basis of some hypothetical scenarios put forward by one group of scientists, with whom other scientists firmly disagree.
This is all really helpful thanks. Although I can argue that it's essential as I do need a car for work, it still feels a bit naughty, which I suppose is what the government is playing on to make people stay indoors.
Anyhow, just trying to firm up dates/times with the seller who has agreed to meet me south of Edinburgh so fingers crossed it comes off (and I don't get prosecuted haha!)
Cheers
Anyhow, just trying to firm up dates/times with the seller who has agreed to meet me south of Edinburgh so fingers crossed it comes off (and I don't get prosecuted haha!)
Cheers
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