Vehicle Excise-Immediate Liability?

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Dear Driver and Vehicle Licensing Agency,

With regard to my previous FOI request (FOIR4648 B Adams), in order to insure the vehicle prior to paying the Vehicle Excise duty and driving it home, most insurers needs to know if the new owner is the registered keeper. In order not to make any false statements please could you clarify the following with regard to the Road Vehicles Regulations 2002 (Interpretation) as shown below..

(1) “registered keeper” in relation to a vehicle means the person for the time being shown in the register as the keeper of that vehicle.

(3) Any application, notification, notice, information, particulars, appeal, declaration or other document or thing given or made in pursuance of these Regulations shall, except where it is expressly provided otherwise, be in writing.

A) As the seller would still be registed as the keeper of that vehicle until you receive the new keeper supplement (V5C/2) could you provide the extract in the legislation which ammends these requirements.. which could otherwise make the seller still liable and/or the buyers insurance details invalid at that particular time?

B) Could you provide an extract of the legilation (or link) which now makes it possible to notify and register the vehicle "immediately" with the DVLA over the phone/internet in order to (immediately) pay the vehicle excise duty?

Yours faithfully,

B. Adams

B. Adams left an annotation ()

The intention of this FOI request is to clarify the law when buying a vehicle from a private person or similar. As there is now a requirement that the Vehicle Excise Duty must be paid immediately without any grace whatsoever, then this would make it illegal to drive the vehicle home even if there is a tax disc in date on the vehicle. In order to tax the vehicle prior to driving it home there needs first to be insurance, but at this point you are not the registered keeper in which case this may need to be altered once registered (possibly at further cost). Even if left on the sellers property until such matters are sorted out, then a SORN declaration must be made "immediately" to keep within the law, but again you are not at this stage the registered keeper, so would the seller still be responsible as suggested in the legislation? As the registration may be backdated retrospectively to the date of the sale once the details have been provided to the DVLA, until that point is the previous owner still liable for any offences especially if the application for the new registered keeper is refused/lost?.

FOI FOI, Driver and Vehicle Licensing Agency

Dear Mr Adams

Thank you for your e-mail. DVLA are reply to you as routine business and not via the terms of The Freedom of Information Act 2000.

We will answer in order of questions from your e-mail:

In order to insure the vehicle prior to paying the Vehicle Excise duty and driving it home, most insurers needs to know if the new owner is the registered keeper. In order not to make any false statements please could you clarify the following with regard to the Road Vehicles Regulations 2002 (Interpretation) as shown below..

(1) “registered keeper” in relation to a vehicle means the person for the time being shown in the register as the keeper of that vehicle.

The registered keeper is the person recorded on the DVLA vehicle register. When a vehicle is sold, the registered keeper must send notification of the sale to DVLA and also provide the name and address details of the person who purchased the vehicle. The purchaser will then become the new registered keeper on the DVLA vehicle register.

When taking out new motor insurance for a vehicle that you intend to purchase, you should advise your insurance company that will become the new registered keeper.

(3) Any application, notification, notice, information, particulars, appeal, declaration or other document or thing given or made in pursuance of these Regulations shall, except where it is expressly provided otherwise, be in writing.

This means that the DVLA must receive details in writing via application or notification etc.

A) As the seller would still be registered as the keeper of that vehicle until you receive the new keeper supplement (V5C/2) could you provide the extract in the legislation which amends these requirements.. which could otherwise make the seller still liable and/or the buyers insurance details invalid at that particular time?

The seller will remain registered until their responsibility is discharged, upon receipt of notification of the sale via the Vehicle Registration Certificate (V5C). The V5C must be completed with details of the person to become the new registered keeper. This is a requirement under regulation 22 of the Road Vehicles (Registration and Licensing) Regulations 2002.

This legislation does not invalidate the new motor insurance obtained by the purchaser.

B) Could you provide an extract of the legislation (or link) which now makes it possible to notify and register the vehicle "immediately" with the DVLA over the phone/internet in order to (immediately) pay the vehicle excise duty?

The DVLA Vehicle Management initiative provides an online facility for motorists to notify changes to their vehicle registration details. The legal change to the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2015, in March 2015, allows electronic and telephone transactions.

Vehicle tax may be purchased immediately at the point of purchasing a vehicle. The V5C/2 forms part of the Vehicle Registration Certificate (V5C) and is given to a new keeper when a sale is finalised. This allows the new keeper to tax the vehicle and demonstrates that the correct documentation was provided by the seller. The DVLA advise customers not to purchase vehicles without first seeing the V5C and obtaining the V5C/2.

Vehicle tax may be obtained 24hours a day via the DVLA’s online or phone channel. Please visit https://www.gov.uk/vehicle-tax . Alternatively, customers may wish to visit a Post Office branch during opening hours.

Regards,

Vehicle Policy Group
DVLA

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