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vehicles

A Freedom of Information request to Driver and Vehicle Licensing Agency by Armen Landragin

Driver and Vehicle Licensing Agency did not have the information requested.

Armen Landragin

11 January 2010

Dear Driver and Vehicle Licensing Agency,

Your site:

http://www.direct.gov.uk/en/Motoring/Buy...

does not explain why one needs to register a vehicle. Is there a
law which states one should? Or a statute? If the latter, please
send a link to it.

Yours faithfully,

Armen Landragin

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FOI FOI
Driver and Vehicle Licensing Agency

12 January 2010

Dear Mr Landragin,

Thank you for your e-mail of 11 January about vehicle registration. As
your request for information falls within the Driver and Vehicle
Licensing Agency’s (DVLA) day to day business, your request is
subsequently being treated as ‘Business as Usual’.

All vehicle registration and licensing is governed by the Vehicle
Excise and Registration Act 1994 (as amended) and the Road Vehicles
(Registration and Licensing) Regulations 2002. The Act requires the
registered keeper of a vehicle to either license it or, if it is being
kept off-road in the UK, make a statutory off-road declaration (SORN).

Kind regards,

Policy and External Communications Directorate

show quoted sections

January 2010 19:08 >>>
Dear Driver and Vehicle Licensing Agency,

Your site:

http://www.direct.gov.uk/en/Motoring/Buy...

does not explain why one needs to register a vehicle. Is there a
law which states one should? Or a statute? If the latter, please
send a link to it.

Yours faithfully,

Armen Landragin

show quoted sections

Link to this | Reply to this message

Armen Landragin

12 January 2010

Dear FOI FOI,

I asked "...why one needs to register a vehicle" and you replied
"The Act requires the
registered keeper of a vehicle to ... license it..." which does not
really answer that question in substance. Nor did you provide a
link to the Act (which I found at:
http://www.opsi.gov.uk/ACTS/acts1994/ukp...
is this right version and what you were referring to?)

So, assuming I have found the right Act, I have some further
questions:
1. when the directgov link I previously provided, has a link titled
"Registering a vehicle", is that not incorrect? Should it not be
better titled: "Licensing a vehicle" to better reflect the keeper's
duty?
2. The act states:
A duty of excise (“vehicle excise duty”) shall be charged in
respect of every mechanically propelled vehicle which is used, or
kept, on a public road in the United Kingdom and shall be paid on a
licence to be taken out by the person keeping the vehicle.
The Act does not define "kept" or "keeping" nor even "keeper" or
any other variant of the word. How do you know if you are a keeper
or just an owner? Is there a difference defined somewhere in the
Act? Or is one to suppose the OED definition sufficient?
3. Section 29 states:
If a person uses, or keeps, on a public road a vehicle (not being
an exempt vehicle) which is unlicensed he is guilty of an offence
a) "person" is not defined - what is the definition? Must someone
do something special to qualify to be called a "person" - e.g. have
a Driver's Licence - or is it something else that maketh the man?
(I hope you'll pardon the levity)
b) is "uses" interchangeable with "keeps"? That is, does the act of
using (turning the key in the ignition, putting it in gear and
travelling from point A to point B) a vehicle mean you are keeping
it? Can one use a vehicle without keeping it, because one just owns
it?
c) and finally, what is the "offence"? Who takes offence in this
instance?

Sorry for the extra questions your very prompt response has raised.

Yours sincerely,

Armen Landragin

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FOI FOI
Driver and Vehicle Licensing Agency

19 January 2010


Attachment Microsoft Word Landragin register vehicles.pdf
76K Download View as HTML


Please see the attached response.

show quoted sections

January 2010 21:39 >>>
Dear FOI FOI,

I asked "...why one needs to register a vehicle" and you replied
"The Act requires the
registered keeper of a vehicle to ... license it..." which does
not
really answer that question in substance. Nor did you provide a
link to the Act (which I found at:
http://www.opsi.gov.uk/ACTS/acts1994/ukp...
is this right version and what you were referring to?)

So, assuming I have found the right Act, I have some further
questions:
1. when the directgov link I previously provided, has a link
titled
"Registering a vehicle", is that not incorrect? Should it not be
better titled: "Licensing a vehicle" to better reflect the
keeper's
duty?
2. The act states:
A duty of excise (“vehicle excise duty”) shall be charged in
respect of every mechanically propelled vehicle which is used, or
kept, on a public road in the United Kingdom and shall be paid on
a
licence to be taken out by the person keeping the vehicle.
The Act does not define "kept" or "keeping" nor even "keeper" or
any other variant of the word. How do you know if you are a
keeper
or just an owner? Is there a difference defined somewhere in the
Act? Or is one to suppose the OED definition sufficient?
3. Section 29 states:
If a person uses, or keeps, on a public road a vehicle (not being
an exempt vehicle) which is unlicensed he is guilty of an offence
a) "person" is not defined - what is the definition? Must someone
do something special to qualify to be called a "person" - e.g.
have
a Driver's Licence - or is it something else that maketh the man?
(I hope you'll pardon the levity)
b) is "uses" interchangeable with "keeps"? That is, does the act
of
using (turning the key in the ignition, putting it in gear and
travelling from point A to point B) a vehicle mean you are
keeping
it? Can one use a vehicle without keeping it, because one just
owns
it?
c) and finally, what is the "offence"? Who takes offence in this
instance?

Sorry for the extra questions your very prompt response has
raised.

Yours sincerely,

Armen Landragin

show quoted sections

Link to this | Reply to this message

Armen Landragin

20 January 2010

Dear Driver and Vehicle Licensing Agency,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request a second internal review of Driver and
Vehicle Licensing Agency's handling of my FOI request 'vehicles'.

The DVLA failed to substantitatively answer four simple questions.
[Note, I asked these questions as the question on the original FoI
request was not adequately answered.] Which is surprising given the
DVLA issues licences under the Vehicle Excise and Registration Act
1994. Should it not then be able to define who under that Act
performs which roles? And given the response states DVLA "is
responsible for the collection and enforcement of vehicle excise
duty (VED)", is that not a fundamental definition to have on hand?
My questions sought clarification of who performs what roles under
which circumstances - something not available within the Act.

Instead, I have received answers to questions I did not ask. Where
in my FoI request do I ask for instructions on where to display my
tax disc? Do I ask why the register is kept? And yet these were the
questions that were answered.

And, finally, why does the response state the DVLA "is responsible
for the collection and enforcement of vehicle excise duty (VED)"?
Please clarify which section of which Act gives the DVLA
"enforcement" powers. Nowhere in the Vehicle Excise and
Registration Act 1994 is the word "enforcement" written. In the
Road Safety Act 2006 it is not written in relation to the DVLA.
Please clarify.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ve...

Yours faithfully,

Armen Landragin

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FOI FOI
Driver and Vehicle Licensing Agency

20 January 2010

Dear Mr Landragin,

Thank you for your email. We regret to hear of your disatisfaction with
the responses you have received.

DVLA will not be holding an Internal Review under the Freedom of
Information Act, as your correspondence was dealt with as part of our
daily routine business and not under the provisions of the Act.

Your email has been pass to the appropriate team and you will receive a
reply shortly.

Regards.

show quoted sections

January 2010 00:16 >>>
Dear Driver and Vehicle Licensing Agency,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request a second internal review of Driver and
Vehicle Licensing Agency's handling of my FOI request 'vehicles'.

The DVLA failed to substantitatively answer four simple
questions.
[Note, I asked these questions as the question on the original
FoI
request was not adequately answered.] Which is surprising given
the
DVLA issues licences under the Vehicle Excise and Registration
Act
1994. Should it not then be able to define who under that Act
performs which roles? And given the response states DVLA "is
responsible for the collection and enforcement of vehicle excise
duty (VED)", is that not a fundamental definition to have on
hand?
My questions sought clarification of who performs what roles
under
which circumstances - something not available within the Act.

Instead, I have received answers to questions I did not ask.
Where
in my FoI request do I ask for instructions on where to display
my
tax disc? Do I ask why the register is kept? And yet these were
the
questions that were answered.

And, finally, why does the response state the DVLA "is
responsible
for the collection and enforcement of vehicle excise duty (VED)"?
Please clarify which section of which Act gives the DVLA
"enforcement" powers. Nowhere in the Vehicle Excise and
Registration Act 1994 is the word "enforcement" written. In the
Road Safety Act 2006 it is not written in relation to the DVLA.
Please clarify.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ve...

Yours faithfully,

Armen Landragin

show quoted sections

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FOI FOI
Driver and Vehicle Licensing Agency

22 January 2010


Attachment Microsoft Word Armen Landragin 3.pdf
72K Download View as HTML


Dear Mr Landragin,

Please refer to the attached repsonse.

show quoted sections

January 2010 00:16 >>>
Dear Driver and Vehicle Licensing Agency,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request a second internal review of Driver and
Vehicle Licensing Agency's handling of my FOI request 'vehicles'.

The DVLA failed to substantitatively answer four simple
questions.
[Note, I asked these questions as the question on the original
FoI
request was not adequately answered.] Which is surprising given
the
DVLA issues licences under the Vehicle Excise and Registration
Act
1994. Should it not then be able to define who under that Act
performs which roles? And given the response states DVLA "is
responsible for the collection and enforcement of vehicle excise
duty (VED)", is that not a fundamental definition to have on
hand?
My questions sought clarification of who performs what roles
under
which circumstances - something not available within the Act.

Instead, I have received answers to questions I did not ask.
Where
in my FoI request do I ask for instructions on where to display
my
tax disc? Do I ask why the register is kept? And yet these were
the
questions that were answered.

And, finally, why does the response state the DVLA "is
responsible
for the collection and enforcement of vehicle excise duty (VED)"?
Please clarify which section of which Act gives the DVLA
"enforcement" powers. Nowhere in the Vehicle Excise and
Registration Act 1994 is the word "enforcement" written. In the
Road Safety Act 2006 it is not written in relation to the DVLA.
Please clarify.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ve...

Yours faithfully,

Armen Landragin

show quoted sections

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