Vehicle Excise Duty Exemption (Disability)
Dear Driver and Vehicle Licensing Agency,
I would like clarification on the following:
A Question was asked under the following FOI Request:
https://www.whatdotheyknow.com/request/d...
"2. If the TAX is claimed on behalf of a disabled child, can the designated driver of the vehicle use it to go to work etc.
No, if the vehicle is in the disabled tax class it must be used by or for the sole purpose of the disabled person."
This information seems to vary massively from the guidelines issued by "Motability Operations" in relation to VED exempt vehicles leased through the scheme.
"The car is used by, or for the benefit of, the disabled person. This does not mean that the disabled person needs to be in the car for every journey. In practice, this means other named drivers in the household can use the car for shopping and other routine activities, as long as the disabled customer will benefit"
Motability state that a vehicle with VED exemption can be used by a parent/spouse to travel to their place of work without the Disabled person present as it "benefits" the disabled person (ie bringing an income into the house hold). It would seem Motability are over-stretching the interpretation of "for the benefit of.." guidance
Are you able to clarify if this is the case, as many drivers of motability vehicles may be in breach of the correct guidelines.
If motability are giving advice that contradicts DVLA guidelines, then should Motability be "paying" the correct VED for the vehicles leased as advertised "3 years road tax included"
In short:
Is the use of VED exempt vehicle rules different for a Privately owned vehicle compared to a VED Exempt vehicle leased via Motability?
Situational example:
Parent of disabled child, using a VED exempt vehicle privately owned takes child to school, then onward journey to permanent place of work, then returns to collect child to return home.
1) Would the vehicle remain in the VED exempt state or would it need to be "taxed" privately?
2) Should motability be advising on this over-extension of the prescribed guidelines?
Yours faithfully,
JS
Your request has been handle outside of the provisions of the Freedom of
Information Act as business as usual. Please find below the Agency’s
reply.
You asked:
Is the use of VED exempt vehicle rules different for a Privately owned
vehicle compared to a VED Exempt vehicle leased via Motability?
As previously advised, the law states that a vehicle is an exempt vehicle
when it is being used, or kept for use, by or for the purposes of a
disabled person.
DVLA cannot advise any further.
Regards
Ian Davies
Freedom of Information Team, Data Sharing & Protection Group | Strategy,
Policy & Communications Directorate| D16 | DVLA | Swansea | SA6 7JL
Twitter: [1]@dvlagovuk
[2]cid:image002.png@01D1066D.45D3B7C0
We can always spot an untaxed car. Tax it or lose it.
Rydym wastad yn llwyddo i ddod o hyd i gar heb dreth. Trethwch ef neu
byddwch yn ei golli.
Go to/Ewch i [3]www.gov.uk/vehicletax
************************************************************************************
Correspondents should note that all communications to DVLA may be
automatically logged, monitored and/or recorded for lawful purposes.
Please visit [4]www.gov.uk/browse/driving for government information on
all aspects of motoring, ranging from log books and driving licences to
driving tests and vehicle tax.
************************************************************************************
References
Visible links
1. http://www.twitter.com/dvlagovuk
2. http://www.gov.uk/dvla
3. http://www.gov.uk/vehicletax
4. http://www.gov.uk/browse/driving
Dear DVLA
please be specific in the response.
1) DVLA rules state that it must NOT be used by a spouse/partner/parent for travel to work.
why does Motability state this is allowed?
this clearly contradicts law on VED exemption for disabled persons.
who should this activity be reported to?
yourself or the fleet operator for advising customers
Yours sincerely,
Jamie Shield
Dear Mr Shield
Thank you for your further enquiry. We are sorry that you felt that our response did not specifically address your questions, however it remains that the DVLA is unable to expand further on our previous advice. We can only provide confirmation on what is stated in law. You may wish to seek your own legal advice.
Regards
Ian Davies
Freedom of Information Team, Data Sharing & Protection Group | Strategy, Policy & Communications Directorate| D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk
We can always spot an untaxed car. Tax it or lose it.
Rydym wastad yn llwyddo i ddod o hyd i gar heb dreth. Trethwch ef neu byddwch yn ei golli.
Go to/Ewch i www.gov.uk/vehicletax
Dear Mr Shield,
DVLA is replying to you as routine business and not via the terms of The
Freedom of Information Act 2000.
Is the use of VED exempt vehicle rules different for a Privately owned
vehicle compared to a VED Exempt vehicle leased via Motability?
As previously advised, the law states that a vehicle is an exempt vehicle
when it is being used, or kept for use, by or for the purposes of a
disabled person.
DVLA cannot advise any further.
Your sincerely,
David A Morgan
Freedom of Information Team
Data Sharing & Protection Group | Strategy, Policy and Communications
Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: [1]@dvlagovuk
[2]cid:image002.png@01D1066D.45D3B7C0
New vehicle tax rates for cars registered on or after 1 April 2017.
Cyfraddau treth cerbyd newydd am geir a gofrestrwyd ar neu ar ôl 1 Ebrill
2017.
Find out more/Cael gwybod mwy: [3]www.gov.uk/newvehicletaxrates
************************************************************************************
Correspondents should note that all communications to DVLA may be
automatically logged, monitored and/or recorded for lawful purposes.
Please visit [4]www.gov.uk/browse/driving for government information on
all aspects of motoring, ranging from log books and driving licences to
driving tests and vehicle tax.
************************************************************************************
References
Visible links
1. http://www.twitter.com/dvlagovuk
2. http://www.gov.uk/dvla
3. http://www.gov.uk/newvehicletaxrates
4. http://www.gov.uk/browse/driving
Dear Driver and Vehicle Licensing Agency,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Driver and Vehicle Licensing Agency's handling of my FOI request 'Vehicle Excise Duty Exemption (Disability)'.
Yet again you are failing to responding to the question.
Please provide the point in law which states this?
You are also still failing to give clear guidance on the two scenarios
Please consider this a formal complaint to request an internal review.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/v...
Yours faithfully,
Jamie Shield
Dear Mr Shield,
Thank you for your further e-mail on vehicle excise duty exemption. The Freedom of Information Act 2000 (FOIA) provides the right of access to recorded information held by public authorities. Your e-mail does not request information falling within that description, it is asking for advice. Therefore it is being dealt with as routine business and not under the provisions of the FOIA.
You ask where in law does it state that a vehicle in the disabled tax class can’t be used by a spouse/partner/parent to travel to work, the Vehicle Excise Registration Act (VERA) 1994, Schedule 2, Paragraph 19, Sub-paragraph (1) states that:
A vehicle is an exempt vehicle when it is being used, or kept for use, by or for the purposes of a disabled person...
Paragraph 19 in its entirety can be viewed online at:
http://www.legislation.gov.uk/ukpga/1994....
We hope this is helpful.
Yours sincerely,
David A Morgan
Freedom of Information Team
Data Sharing & Protection Group | Strategy, Policy and Communications Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk
New vehicle tax rates for cars registered on or after 1 April 2017.
Cyfraddau treth cerbyd newydd am geir a gofrestrwyd ar neu ar ôl 1 Ebrill 2017.
Find out more/Cael gwybod mwy: www.gov.uk/newvehicletaxrates
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