Dear Driver and Vehicle Licensing Agency,

1. If a Person wishes to de-register a Motor Vehicle currently registered with DVLA can you provide information how a Person goes about this? You can assume that the motor vehicle will not be leaving the country.

2. What are the legal implications of registering and de-registering a Motor Vehicle. Does this imply ownership of this Motor Vehicle by DVLA?

3. Are DVLA a private corporate corporate?

Yours faithfully,

R Austin

FOI FOI, Driver and Vehicle Licensing Agency

Dear Mr Austin,

Thank you for your email. The DVLA is responding to this request under 'business as usual' and not under the terms of The Freedom of Information Act 2000.

We will answer the questions in the order that they have been asked.

DVLA is unable to reverse a registration process. 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 law requires keepers to notify DVLA as they acquire and dispose of vehicles and Vehicle Registration Certificates (V5C) are issued to them to help this process. Failure to register a vehicle is an offence. In addition, a vehicle must be either licensed (taxed) or have a Statutory Off Road Notification (SORN) in force.

The vehicle register maintained by the Driver and Vehicle Licensing Agency is based on vehicles and the registered keepers who are responsible for their use and licensing on the roads. It is not a register of legal title to vehicles. The register is essentially maintained to assist in revenue collection, road safety and law enforcement generally.

DVLA is an Executive Agency of the Department for Transport.

Regards

DVLA

-----Original Message-----
From: R Austin [mailto:[FOI #51661 email]]
Sent: 11 November 2010 07:16
To: FOI FOI
Subject: Freedom of Information request - De-Registration of a Motor Vehicle

Dear Driver and Vehicle Licensing Agency,

1. If a Person wishes to de-register a Motor Vehicle currently
registered with DVLA can you provide information how a Person goes
about this? You can assume that the motor vehicle will not be
leaving the country.

2. What are the legal implications of registering and
de-registering a Motor Vehicle. Does this imply ownership of this
Motor Vehicle by DVLA?

3. Are DVLA a private corporate corporate?

Yours faithfully,

R Austin

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hide quoted sections

Nicholas Taylor left an annotation ()

Note the use of the word "Road" and not "Highway".

Perhaps you can ask the DVLA if they hold on record either a definition or Statutory Interpretation of the following:

"Road"
"Vehicle"

If you do make sure you to stipulate you are looking for a definition of of just "Vehicle" and not "Motor Vehicle"

Dear DVLA,

Thank you for your response.

Please advise why this is being treated 'as business as usual' rather than an FOI. With all due respect, I submitted this as an FOI request and would like it recorded and treated as same.

You claim failure to register a vehicle as an offence. Please confirm who the offended Party would be and on what basis this Party would be 'offended'?

"DVLA is an Executive Agency of the Department for Transport." This does not answer my original question. Are DVLA a corporate entity? Please provide where I can view your registered company details.

Please provide your legal definition of 'vehicle' and 'motor vehicle' for the purposes of your business?

I thank you for your timely reply.

Yours sincerely,

R Austin

Dear DVLA,

Please attach this to my previous message for your response therein.

Can you provide your legal interpretations of 'Road' and 'Highway'.

Can you provide your legal interpretations of 'vehicle' and 'motor vehicle'.

Yours sincerely,

R Austin

FOI FOI, Driver and Vehicle Licensing Agency

Dear Mr Austin,

Thank you for your email. The DVLA responds to this type of question routinely, and therefore, we are responding under business as usual not under The Freedom of Information Act 2000.

In response to your questions:

Can you provide your legal interpretations of 'Road' and 'Highway'.

Public road means a road which is repairable at the public expense. For the definition of a highway please refer to the Highways Act 1980.

Can you provide your legal interpretations of 'Vehicle' and 'Motor Vehicle'
for the purposes of your business.

A mechanically propelled vehicle.

You claim failure to register a vehicle as an offence. Please confirm who the offended Party would be and on what basis this party would be 'offended'.

It is an offence under Section 29 of the Vehicle Excise and Registration Act
1994 if a person uses or keeps an unlicensed vehicle.

DVLA is an Executive Agency of the Department of Transport. This does not answer my original question. Are DVLA a corporate entity?

No.

Please provide where I can view your registered company details.

As you have been previously advised DVLA is an Executive Agency of the Department of Transport.

Regards,

DVLA

-----Original Message-----
From: R Austin [mailto:[FOI #51661 email]]
Sent: 14 November 2010 01:10
To: FOI FOI
Subject: RE: Freedom of Information request - De-Registration of a Motor Vehicle

Dear DVLA,

Thank you for your response.

Please advise why this is being treated 'as business as usual'
rather than an FOI. With all due respect, I submitted this as an
FOI request and would like it recorded and treated as same.

You claim failure to register a vehicle as an offence. Please
confirm who the offended Party would be and on what basis this
Party would be 'offended'?

"DVLA is an Executive Agency of the Department for Transport." This
does not answer my original question. Are DVLA a corporate entity?
Please provide where I can view your registered company details.

Please provide your legal definition of 'vehicle' and 'motor
vehicle' for the purposes of your business?

I thank you for your timely reply.

Yours sincerely,

R Austin

-----Original Message-----

Dear Mr Austin,

Thank you for your email. The DVLA is responding to this request
under 'business as usual' and not under the terms of The Freedom of
Information Act 2000.

We will answer the questions in the order that they have been
asked.

DVLA is unable to reverse a registration process. 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 law requires
keepers to notify DVLA as they acquire and dispose of vehicles and
Vehicle Registration Certificates (V5C) are issued to them to help
this process. Failure to register a vehicle is an offence. In
addition, a vehicle must be either licensed (taxed) or have a
Statutory Off Road Notification (SORN) in force.

The vehicle register maintained by the Driver and Vehicle Licensing
Agency is based on vehicles and the registered keepers who are
responsible for their use and licensing on the roads. It is not a
register of legal title to vehicles. The register is essentially
maintained to assist in revenue collection, road safety and law
enforcement generally.

DVLA is an Executive Agency of the Department for Transport.

Regards

DVLA

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Please use this email address for all replies to this request:
[FOI #51661 email]

If you find WhatDoTheyKnow useful as an FOI officer, please ask
your web manager to suggest us on your organisation's FOI page.
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********************************************************************************************
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Please visit:www.direct.gov.uk/motoring for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.

********************************************************************************************

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hide quoted sections

Dear DVLA,

Thank you for your response.

I do not care how many times you have to answer this 'question'. This is an FOI request, regardless how you intend to regard it. I have not requested any information from you previously on this matter therefore for me it is NOT business as usual. You will respond to this as with any other FOI request or I must draw the conclusion that you are trying to obfuscate or refuse this FOI request and I will have no option but to submit a formal complaint of non-compliance within the terms of the Freedom of Information Act 2000.

I did not ask for a definition of 'public road'. This is self-evidently a road that is not privately owned and this is owned by the public, and maintained by Government Agencies on our behalf - or as you eloquently put it "repairable at the public expense". The Oxford Law Dictionary is useful in defining the term 'public road' for the purposes of prosecution under the Road Traffic Act. Please refer to my request and you will see I requested information confirming your legal definition of the term 'road' that you employ, and your legal references.

Contrary to your statement, I do not see the meaning of the term 'Highway' defined in the Highways Act 1980, as amended. Please provide the legal reference you employ to define 'Highway' for the purposes of your business.

Your definition of 'vehicle' or 'motor vehicle' is unsatisfactory and does not answer my information request. You have effectively responded by defining a vehicle as a vehicle. Please provide your legal definition and reference for the terms 'vehicle' and 'motor vehicle'.

Once again you fail to provide information to my request for clarification of the term 'offence'. I will repeat my request confirming that I require your legal reference sources, for the purposes of your business, to define who is the offended Party and the legal definition you employ to define why this Party has been offended.

I refer to your response to my request for information regarding the nature of the corporate entity of DVLA, or Driver Vehicle Licensing Agency if you prefer. I note that you offer that DVLA is NOT a corporate entity and is purely an Executive Agency of the Department of Transport (the trading agency of DoT?). Note that I have checked with Dunn & Bradstreet and Duport, who both seem to have you recorded as a company/business, and a number of DVLA branches are also defined by D&B as companies. Duport offers your company/business number as UC5320022. I have also referred to publicly available literature from your corporate IT provider, IBM, who seem to also think you are a company catering for the business needs of your 'customers'. I quote "Thus DVLA will become still more responsive to changing policy, stakeholder and customer needs." Please provide information and written reference defining the legal or lawful use of the term 'customer' with regards to the business that you do to assist me in this FOI request as it may help shed some further light on the matter?

It may help you in your endeavours to respond fully with this FOI request if you provide a copy of your original agreement, or contract, to act as Agent to the Department of Transport. Note that the DoT is also registered as a business with Duport. Please provide a location where I am able to review the public accounts of DVLA, or Driver Vehicle Licensing Agency, as these will clarify any corporate entities allocated to your organisation? Provision of your organisation structure, including all branches and their corporate nature would also assist in properly responding to this request for information. I'm sure you have already produced organisational structure charts and these can be provided at no immediate cost? To save money and paper these documents can be submitted to me digitally. If deemed useful you can provide copies of your standard employment contracts for employees and contractors, as these will define any corporate entity (or indeed lack thereof) of the employer.

I trust I can look forward to a more complete response to this FOI request than was the previous case. Thanks you.

Yours sincerely,

R Austin

FOI FOI, Driver and Vehicle Licensing Agency

Dear Mr Austin,

Thank you for your e-mail requesting information. The DVLA are dealing with your request under the terms of The Freedom of Information Act 2000.

Your request has been given reference number: FOIR2214.

Thanks & Regards,

Freedom of Information Team
DVLA

-----Original Message-----
From: R Austin [mailto:[FOI #51661 email]]
Sent: 18 November 2010 19:58
To: FOI FOI
Subject: RE: Freedom of Information request - De-Registration of a Motor Vehicle

Dear DVLA,

Thank you for your response.

I do not care how many times you have to answer this 'question'.
This is an FOI request, regardless how you intend to regard it. I
have not requested any information from you previously on this
matter therefore for me it is NOT business as usual. You will
respond to this as with any other FOI request or I must draw the
conclusion that you are trying to obfuscate or refuse this FOI
request and I will have no option but to submit a formal complaint
of non-compliance within the terms of the Freedom of Information
Act 2000.

I did not ask for a definition of 'public road'. This is
self-evidently a road that is not privately owned and this is owned
by the public, and maintained by Government Agencies on our behalf
- or as you eloquently put it "repairable at the public expense".
The Oxford Law Dictionary is useful in defining the term 'public
road' for the purposes of prosecution under the Road Traffic Act.
Please refer to my request and you will see I requested information
confirming your legal definition of the term 'road' that you
employ, and your legal references.

Contrary to your statement, I do not see the meaning of the term
'Highway' defined in the Highways Act 1980, as amended. Please
provide the legal reference you employ to define 'Highway' for the
purposes of your business.

Your definition of 'vehicle' or 'motor vehicle' is unsatisfactory
and does not answer my information request. You have effectively
responded by defining a vehicle as a vehicle. Please provide your
legal definition and reference for the terms 'vehicle' and 'motor
vehicle'.

Once again you fail to provide information to my request for
clarification of the term 'offence'. I will repeat my request
confirming that I require your legal reference sources, for the
purposes of your business, to define who is the offended Party and
the legal definition you employ to define why this Party has been
offended.

I refer to your response to my request for information regarding
the nature of the corporate entity of DVLA, or Driver Vehicle
Licensing Agency if you prefer. I note that you offer that DVLA is
NOT a corporate entity and is purely an Executive Agency of the
Department of Transport (the trading agency of DoT?). Note that I
have checked with Dunn & Bradstreet and Duport, who both seem to
have you recorded as a company/business, and a number of DVLA
branches are also defined by D&B as companies. Duport offers your
company/business number as UC5320022. I have also referred to
publicly available literature from your corporate IT provider, IBM,
who seem to also think you are a company catering for the business
needs of your 'customers'. I quote "Thus DVLA will become still
more responsive to changing policy, stakeholder and customer
needs." Please provide information and written reference defining
the legal or lawful use of the term 'customer' with regards to the
business that you do to assist me in this FOI request as it may
help shed some further light on the matter?

It may help you in your endeavours to respond fully with this FOI
request if you provide a copy of your original agreement, or
contract, to act as Agent to the Department of Transport. Note that
the DoT is also registered as a business with Duport. Please
provide a location where I am able to review the public accounts of
DVLA, or Driver Vehicle Licensing Agency, as these will clarify any
corporate entities allocated to your organisation? Provision of
your organisation structure, including all branches and their
corporate nature would also assist in properly responding to this
request for information. I'm sure you have already produced
organisational structure charts and these can be provided at no
immediate cost? To save money and paper these documents can be
submitted to me digitally. If deemed useful you can provide copies
of your standard employment contracts for employees and
contractors, as these will define any corporate entity (or indeed
lack thereof) of the employer.

I trust I can look forward to a more complete response to this FOI
request than was the previous case. Thanks you.

Yours sincerely,

R Austin

-----Original Message-----

Dear Mr Austin,

Thank you for your email. The DVLA responds to this type of
question routinely, and therefore, we are responding under business
as usual not under The Freedom of Information Act 2000.

In response to your questions:

Can you provide your legal interpretations of 'Road' and 'Highway'.

Public road means a road which is repairable at the public expense.
For the definition of a highway please refer to the Highways Act
1980.

Can you provide your legal interpretations of 'Vehicle' and 'Motor
Vehicle'
for the purposes of your business.

A mechanically propelled vehicle.

You claim failure to register a vehicle as an offence. Please
confirm who the offended Party would be and on what basis this
party would be 'offended'.

It is an offence under Section 29 of the Vehicle Excise and
Registration Act
1994 if a person uses or keeps an unlicensed vehicle.

DVLA is an Executive Agency of the Department of Transport. This
does not answer my original question. Are DVLA a corporate entity?

No.

Please provide where I can view your registered company details.

As you have been previously advised DVLA is an Executive Agency of
the Department of Transport.

Regards,

DVLA

-------------------------------------------------------------------
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

Please use this email address for all replies to this request:
[FOI #51661 email]

If you find WhatDoTheyKnow useful as an FOI officer, please ask
your web manager to suggest us on your organisation's FOI page.
-------------------------------------------------------------------

This email was received from the INTERNET and scanned by the Government Secure Intranet anti-virus service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisation’s IT Helpdesk.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

********************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit:www.direct.gov.uk/motoring for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.

********************************************************************************************

The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

hide quoted sections

Nicholas Taylor left an annotation ()

As usual the DVLA don't know the law properly.

A Highway is defined by the Highways Act 1835:

"5. Interpretation clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 In the construction of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 the word “highways” shall be understood to mean all roads, bridges . . . F4, carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements; . . . F3"

http://www.statutelaw.gov.uk/content.asp...

A Motor Vehicle is more clearly defined in the Road Traffic Act 1998 which states:

"191 Interpretation of statutory references to carriages.

A motor vehicle or trailer—
(a)is to be deemed to be a carriage within the meaning of any Act of Parliament, whether a public general Act or a local Act, and of any rule, regulation or byelaw made under any Act of Parliament, and

(b)if used as a carriage of any particular class shall for the purpose of any enactment relating to carriages of any particular class be deemed to be a carriage of that class."

http://www.legislation.gov.uk/ukpga/1988...

Look back in the Statutes to find the use of Carriage and Driver.

Start with Hackney .................... the ones acting in commerce.

FOI FOI, Driver and Vehicle Licensing Agency

2 Attachments

Dear Mr Austin,

Please find attached the reply to your Freedom of Information Request.

Regards,

Freedom of Information Team
DVLA

-----Original Message-----
From: R Austin [mailto:[FOI #51661 email]]
Sent: 18 November 2010 19:58
To: FOI FOI
Subject: RE: Freedom of Information request - De-Registration of a Motor Vehicle

Dear DVLA,

Thank you for your response.

I do not care how many times you have to answer this 'question'.
This is an FOI request, regardless how you intend to regard it. I
have not requested any information from you previously on this
matter therefore for me it is NOT business as usual. You will
respond to this as with any other FOI request or I must draw the
conclusion that you are trying to obfuscate or refuse this FOI
request and I will have no option but to submit a formal complaint
of non-compliance within the terms of the Freedom of Information
Act 2000.

I did not ask for a definition of 'public road'. This is
self-evidently a road that is not privately owned and this is owned
by the public, and maintained by Government Agencies on our behalf
- or as you eloquently put it "repairable at the public expense".
The Oxford Law Dictionary is useful in defining the term 'public
road' for the purposes of prosecution under the Road Traffic Act.
Please refer to my request and you will see I requested information
confirming your legal definition of the term 'road' that you
employ, and your legal references.

Contrary to your statement, I do not see the meaning of the term
'Highway' defined in the Highways Act 1980, as amended. Please
provide the legal reference you employ to define 'Highway' for the
purposes of your business.

Your definition of 'vehicle' or 'motor vehicle' is unsatisfactory
and does not answer my information request. You have effectively
responded by defining a vehicle as a vehicle. Please provide your
legal definition and reference for the terms 'vehicle' and 'motor
vehicle'.

Once again you fail to provide information to my request for
clarification of the term 'offence'. I will repeat my request
confirming that I require your legal reference sources, for the
purposes of your business, to define who is the offended Party and
the legal definition you employ to define why this Party has been
offended.

I refer to your response to my request for information regarding
the nature of the corporate entity of DVLA, or Driver Vehicle
Licensing Agency if you prefer. I note that you offer that DVLA is
NOT a corporate entity and is purely an Executive Agency of the
Department of Transport (the trading agency of DoT?). Note that I
have checked with Dunn & Bradstreet and Duport, who both seem to
have you recorded as a company/business, and a number of DVLA
branches are also defined by D&B as companies. Duport offers your
company/business number as UC5320022. I have also referred to
publicly available literature from your corporate IT provider, IBM,
who seem to also think you are a company catering for the business
needs of your 'customers'. I quote "Thus DVLA will become still
more responsive to changing policy, stakeholder and customer
needs." Please provide information and written reference defining
the legal or lawful use of the term 'customer' with regards to the
business that you do to assist me in this FOI request as it may
help shed some further light on the matter?

It may help you in your endeavours to respond fully with this FOI
request if you provide a copy of your original agreement, or
contract, to act as Agent to the Department of Transport. Note that
the DoT is also registered as a business with Duport. Please
provide a location where I am able to review the public accounts of
DVLA, or Driver Vehicle Licensing Agency, as these will clarify any
corporate entities allocated to your organisation? Provision of
your organisation structure, including all branches and their
corporate nature would also assist in properly responding to this
request for information. I'm sure you have already produced
organisational structure charts and these can be provided at no
immediate cost? To save money and paper these documents can be
submitted to me digitally. If deemed useful you can provide copies
of your standard employment contracts for employees and
contractors, as these will define any corporate entity (or indeed
lack thereof) of the employer.

I trust I can look forward to a more complete response to this FOI
request than was the previous case. Thanks you.

Yours sincerely,

R Austin

-----Original Message-----

Dear Mr Austin,

Thank you for your email. The DVLA responds to this type of
question routinely, and therefore, we are responding under business
as usual not under The Freedom of Information Act 2000.

In response to your questions:

Can you provide your legal interpretations of 'Road' and 'Highway'.

Public road means a road which is repairable at the public expense.
For the definition of a highway please refer to the Highways Act
1980.

Can you provide your legal interpretations of 'Vehicle' and 'Motor
Vehicle'
for the purposes of your business.

A mechanically propelled vehicle.

You claim failure to register a vehicle as an offence. Please
confirm who the offended Party would be and on what basis this
party would be 'offended'.

It is an offence under Section 29 of the Vehicle Excise and
Registration Act
1994 if a person uses or keeps an unlicensed vehicle.

DVLA is an Executive Agency of the Department of Transport. This
does not answer my original question. Are DVLA a corporate entity?

No.

Please provide where I can view your registered company details.

As you have been previously advised DVLA is an Executive Agency of
the Department of Transport.

Regards,

DVLA

-------------------------------------------------------------------
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

Please use this email address for all replies to this request:
[FOI #51661 email]

If you find WhatDoTheyKnow useful as an FOI officer, please ask
your web manager to suggest us on your organisation's FOI page.
-------------------------------------------------------------------

This email was received from the INTERNET and scanned by the Government Secure Intranet anti-virus service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisation’s IT Helpdesk.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

********************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit:www.direct.gov.uk/motoring for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.

********************************************************************************************

The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

hide quoted sections

Nicholas Taylor left an annotation ()

Yet more clarity from the DVLA.........

"(1B) In the following provisions of this Act "vehicle" means--
(a) a mechanically propelled vehicle, or
(b) anything (whether or not it is a vehicle) that has been, but has ceased to be, a
mechanically
propelled vehicle. "

So a Vehicle is still defined by being an errrr "Vehicle".

R Austin left an annotation ()

"Corporate planning"
"Business plan"

What does a business exist for? All together now.....profit!

Employees of this corporation are civil servants? If it looks like a scam, smells like a scam, and behaves like a scam.....

Plenty for me to work on here. lol

Honour and respect

rob:

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