Driving Documents - Registration, Excise and Test Certificates PDF

OFFICIAL Unit 9 Lesson 2.2...

OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Lesson Aim: The learner will be able to explain legislation covering driving documents and the associated offences. Learning Outcomes: Introduction This lesson will be broken into two parts On successful completion of the lesson, dealing with Registration and Excise (Road students will be able to:- Tax) firstly and then Department of Transport testing, which was introduced for motor vehicles within certain categories, often 1. Explain the basic principles of vehicle referred to as an M.O.T. registration and vehicle excise licensing (pg. 2-8) The Road Vehicles (Registration and Licensing) Regulations 2002 governs the registration of motor vehicles used on public 2. State the offence created by section 47 of roads. the Road Traffic Act, 1988 (pg. 10) Generally all motor vehicles used on a road must be registered with the Driver and Vehicle Licensing Agency (DVLA) and display registration plates. It is important, therefore, to understand why vehicles must display these plates and what common offences are associated with them. The Driver and Vehicle Licensing Agency (DVLA) deal with any correspondence relevant to this Act. Department of Transport (DOT) test was introduced for motor vehicles within a certain category to ensure roadworthiness of motor vehicles. 1 st Amended 1 March 2024 v.5 OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Registration of Motor Vehicles Before a motor vehicle may be used on public roads in this country it must first be registered with the Secretary of State. This is done through the DVLA. On registration, the vehicle is issued with a registration mark and the owner with a registration document (V5C). The registration mark of the vehicle remains with it until it is either scrapped, permanently exported abroad or substituted with another number. Ownership and Changes of Ownership The owner of a vehicle is referred to on the registration document as the “registered keeper”. This information will be held on police systems and can be established from the registration mark on the vehicle. This is useful when investigating offences but you will also discover that these enquiries can be hindered when a vehicle is sold and the parties involved fail to notify the DVLA of the change of ownership. The following obligations are placed on these parties with regard to the completion of the V5C:- 1. The previous keeper writes the new keeper’s name and address in the ‘new keeper's' section and ticks the appropriate box. They also write the new keeper’s details on the green section and thereafter the previous keeper sends the appropriate part to DVLA. 2. Both new and previous keeper sign and date the declaration section. The new owner retains the green section (New Keeper Supplement) until receipt of a new registration document. 3. If selling to a motor trader the owner must complete the relevant section, send it to DVLA and hand the remaining parts to the motor trader. Regulation 22 Road Vehicles (Registration and Licensing) Regulations 2002. Note:- Motor traders who only operate the vehicle under a trade licence need only notify DVLA once 3 months have elapsed or once the vehicle is disposed of, whichever is sooner. A person who contravenes any of the above provisions commits an offence. 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Online vehicle registration It is now possible to transfer car ownership online, to do this, you need the 11-digit reference number that’s on the V5C. As with the postal transfer, you also need the new owner’s full name and UK address. All you need to do is input these details via a form on the DVLA portal and follow the process. Transferring car ownership online is also more efficient for the DVLA, which means they might update the vehicle record quicker. The new keeper still retains the green new keeper section as above, in step 2. Registration Marks Schedule 2 of the Registration and Licensing Regulations deals with the size, arrangement of numbers and letters etc. The shape of the registration plate, size and configuration of numbers and letters thereon are all strictly governed. Although some registration plates may differ. Vehicles should follow the prescribed regulations. Vehicles first registered on or after 1st January 1973 will generally have a registration plate:- 1. which has a white background with black characters to the front of the vehicle and a yellow background and black characters to the rear of the vehicle 2. the background is of reflex reflecting material The registration mark shall be fixed and displayed:- 1. in the case of a motorcycle, on the back of the vehicle 2. for any other vehicle on both the front and back of the vehicle The current vehicle registration format was introduced on 1 September 2001. It consists of: 2 letters (these refer to the region in the country where a vehicle is first registered) 2 numbers (these tell you when it was issued – age identifier) a space and 3 letters chosen at random 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Note:- Some classic vehicles may have black plates with silver writing The characters on a number plate on vehicles with new or replacement number plates fitted from 1 September 2001 need to be a certain height and size: characters (except the number 1 or letter I) must be 50mm wide characters must be 79mm tall the character stroke (the thickness of the black print) must be 14mm the space between characters must be 11mm the space between the age identifier and the random letters must be 33mm the margins at the top, bottom and side of the plate must be 11mm vertical space between the age identifier and the random letters must be 19mm (for motorcycles post 1/10/01 13mm) Note: The correct size and spacing of the number plate characters is vital in recognition on ANPR (Automatic Number Plate Recognition) When towing a trailer the owner of the vehicle must ensure that the trailer displays the registration mark of the vehicle. Where the mark is displayed on the trailer there is no need to display it on the rear of the vehicle. The Road Vehicles (Display of Registration Marks) Regulations 2001 allows motorists in Scotland, England and Wales to display certain flags, symbols and identifiers e.g. green flash for a zero emission vehicle. 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Motorists displaying national flags and identifiers are still required to display the conventional GB, oval sticker, when travelling in Europe. Offences It is an offence to alter, rearrange or misrepresent letters or numbers in order to form names or words or in such a way that makes it difficult to read the registration number. Example:- The registration number N4 NCY being altered to read N4NCY These offences are applicable to registered keepers and users who also purchase special registration plates which are designed to make it difficult for speed enforcement cameras to identify the registration number and are used in an effort to avoid prosecution. 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Excise Licences (Road Tax) If a vehicle is used or kept on a public road, it must have an excise licence. Once paid, this information is held on the DVLA database as having a full excise license. These vehicle licences are valid for either a period of 6 or 12 months and may be renewed from the 5th day of the month in which it expires or for five working days after the end of the month in which it expires. A vehicle excise licence can be purchased from:- An authorised Post Office DVLA Website DVLA using the 24hrs automated phone line Offences There are a number of offences which can be committed under The Vehicle Excise and Registration Act 1994. The most common one that you will come across is :- 1. Section 29 of the Act creates an offence for any person to keep or use a vehicle without a valid vehicle excise licence. The alternatives to having a valid vehicle excise licence are where the vehicle is exempt or it has been declared as being off the road. In relation to these offences, if it is an employee who is driving, then it would only be the owner who would be reported for the offence. Police Powers In terms of Section 29 of the Act, the offender will be reported directly DVLA via a national form known as CLE2/6 with no requirement for submission of SPR. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Key Information KI Vehicles which may be exempt from requiring to pay for an Excise Licence:- 1. Electric Vehicles 2. Certain vehicles categorised as invalid carriages. (Mobility scooters and powered wheelchairs) 3. Vehicles being taken to or from a prearranged Department of Transport test (MOT). 4. Vehicles being used under the conditions of a Trade Licence. 5. Vehicles used for agricultural, forestry or horticultural purposes, only on public roads when passing between different areas of land owned by the same person and where the distance between the 2 areas does not exceed 1.5 kilometres. 6. HM Forces and Crown Vehicles (if exempt). e.g., police, fire service, ambulance vehicles, lifeboat and mine rescue vehicles. 7. Historic Vehicles –Vehicles constructed more than forty years before the start of that year. Trade Licences Trade Licences are special vehicle licences issued to Motor Traders and Vehicle Testers. You may be familiar with, or have heard the expression “trade plates” and this expression refers to Trade Licences. The Trade Licence allows Traders and Testers to use any vehicles that are in their possession, through their trade to be used on public roads without the need for vehicle licences or registration. Only one vehicle, at any one time, may be used on a single Trade Licence. 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates If you are going to test-drive a vehicle, you can road test the vehicle without it being registered provided a trade licence is fitted. Motor Trader A motor trader means a person who manufacturers, repairs or deals in mechanically propelled vehicles and includes those, whose trade involves car valeting or the fitting of motor accessories. Vehicle Tester A vehicle tester is a person who tests mechanically propelled vehicles on roads in the course of their business. Issue and Display The Department of Transport will issue the Trader or Tester with the Trade Licence and identification plates. These are similar to normal registration plates except in this case the plate is white with red lettering. The Trade Licence is exhibited in a container attached to the front trade plate and both trade plates must be securely fixed to the front and rear of the vehicle being used. In the case of a motorcycle this will mean the rear plate only. The Department of Transport will determine how many trade licences it issues to each motor trader or vehicle tester. Obviously a large car showroom will be allocated more than a small second hand dealer will. 8 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Note:- Trade plates must be displayed on the vehicles exterior, be visible from a minimum of 20 metres and must not cover the vehicles original VRM. Conditions of Use Vehicles may only be used on a public road under a trade licence on certain conditions. These conditions can be complex but the following broadly describe when vehicles may be used under a trade licence:- 1. Only in connection with a motor trader or vehicle trader’s business 2. Vehicles may only be used on roads but not kept on roads 3. When delivering a vehicle (via the most direct route) 4. To demonstrate vehicles to prospective customers 5. To test vehicles Offences Section 34 of the Vehicles Excise and Registration Act 1994, covers offences in relation to Trade Licences and Plates. Test Certificates/M.O.T. To ensure roadworthiness of motor vehicles a statutory test was introduced by the Department of Transport for motor vehicles within a certain category. This is generally referred to as an M.O.T. Motor vehicles can only be used on a road if an M.O.T. test has been conducted, passed and a certificate has been issued for the vehicle. All the details relating to M.O.T’s are now held on GOV.UK database. This can be accessed online or via police systems. 9 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates A motor mechanic who is qualified as an Authorised Vehicle Tester will carry out the actual test. Tests are carried out at garages authorised by the Department of Transport (DOT). These garages are known as Vehicle Testing Stations and will display a sign as shown in the adjacent image Both the vehicle tester and the testing station are authorised by the DOT. Section 47, Road Traffic Act, 1988 Section 47 of the Road Traffic Act, 1988 creates an offence for:- any person to use, or cause or permit the use, of a motor vehicle on a road without a valid Test Certificate. Vehicles Requiring Test Certificates The following classes of vehicle require this type of test certificate:- 1. Motor cars 2. Motor cycles 3. Goods vehicles not exceeding 3500kg gross vehicle weight All new vehicles require a Test Certificate 3 years after the first date of registration. If a vehicle has been used on a road prior to being registered then it will be 3 years from the manufacture date. Thereafter an M.O.T. test is required to be completed and passed annually prior to its expiry date. Note:- Vehicles which are sold through motor dealers or pre-registered are dealt with differently and may be driven on the road under certain circumstances before registration. Always defer to the date of registration decided by DVLA. In the case of a used vehicle being imported into the UK, these initially have to register this vehicle when it enters the country (To give it a UK registration number) and will then require a test certificate once the vehicle is 3 years old from its date of manufacture. Rather than its UK registration date as the vehicle has already been registered in its home country and used on roads etc. 10 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Examples:- 1. Test Certificate 3 years after the date of first registration. Kim buys a new car on 21/01/24 from a garage, she is the first owner/registered keeper of the vehicle so the first M.O.T. would be due on 21/01/27. 2. If a vehicle has been used on a road prior to being registered then it will be 3 years from the manufacture date. SPC buys a Ford Transit van for use within its grounds, it was never registered as it is never intended to leave the college. It was manufactured on 18/05/2022. Tony buys this from SPC on 20/03/2024 and intends to use it on the road outside SPC. After registering it with a UK registration plate it’s first M.O.T. is on 18/05/2025 as the vehicle is already 2 years old and has been used on a road. 3. A newly manufactured vehicle before it is sold or supplied by retail. Andy buys a new car that has been used as a demonstration car by the garage, it has not yet been registered and has been in use for 3 months, this first M.O.T. would then be due from the date Andy buys the car so it would essentially get an additional 3months on its M.O.T. date. Exemptions There are a few exemptions to motor vehicles holding a M.O.T. test certificate. These are:- Vehicles travelling to or from a pre-arranged test. A vehicle which has failed with Major Defects may be driven to a pre-booked test provided it is still roadworthy. The most direct route must be taken to the test centre. After a test, taking vehicles to or from a place of repair If the vehicle has failed the test and requires a specialist repair, the law permits it to be driven to be repaired and returned it to the Test Station for re-examination (provided there are no dangerous faults identified). If it is not taken to a place for specialist repair it must be taken directly to its registered address. 11 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Vehicles removed or seized by official bodies such as Police or Customs & Excise Although usually the vehicle would be recovered and removed to secure storage by a Police contractor. Police vehicles These are maintained by their own vehicle mechanics. Foreign vehicles used temporarily in the United Kingdom An example would be a French worker arrives in this country to carry out a contract, which will last a month. He has his four year-old vehicle with him but does not require a test certificate as the vehicle is only going to be here on a temporary basis. If, however, he decides to sell the vehicle in the UK and it is going to be kept here, then it will require to be registered and because it is over three years-old it will require a test certificate before the new owner can use it in this country. Certain other vehicles are exempt if they are subject to other testing requirements These include heavy goods vehicles and public service vehicles. These vehicles have specific testing requirements so do not require a test certificate in the terms of this legislation. Production of Test Certificates Section 165, Road Traffic Act, 1988 Officers may require a person to produce a valid test certificate under the terms of this Act, if that person is:- driving a motor vehicle on a road; suspected of having committed a motoring offence on a road; suspected of driving a motor vehicle on a road or other public place, when it was involved in a road collision. Officers would normally require the driver to produce their driving licence and insurance certificate as well as the valid M.O.T. test certificate. Information regarding driving licences, insurance and M.O.T’s is available through checks of PNC. These will routinely be done be using a mobile device or Airwave Radio. The ability to check documents electronically is quicker, more efficient and 12 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates reduces the impact on drivers but does not replace the powers to require drivers/others to produce physical documents. Department of Transport Test Certificate The VT20/TRE certificate, which is classed as a receipt of the M.O.T. test having taken place, was introduced to reduce fraud and to allow information to be placed straight onto a national computer database. The VT20/TRE certificate should not be relied upon as proof of testing and its validity must be checked via PNC or by logging onto www.motinfo.gov.uk or www.direct.gov.uk/yourmotcheck. Appendix A provides an example of a certificate and relevant details indicated. The VT20/TRE outlines the procedure to be followed to confirm that the certificate is a genuine record of VOSA's M.O.T. database. Whilst the introduction of the VT20/TRE was aimed at fraud prevention, amongst other things, officers should continue to be vigilant in an effort to identify forged or stolen certificates. Offence It is an offence for such a person to fail to produce an M.O.T. test certificate when so required, unless the test certificate is produced in accordance with the following:- Within seven days, commencing the day after the requirement was made, the certificate is produced at a police station specified by the person at the time the requirement was made (Standard HO/RT1) procedure, or It was produced there, at the requested police office, as soon as was reasonably practicable. For example, the test certificate may be in business premises elsewhere and have to be posted, to the driver, to produce. It is not necessary for the driver to produce the test certificate personally. Note:- Refer to details relating to HO/RT1 procedure in the Vehicle Insurance Lesson Note. 13 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Other Offences It is an offence to cause or permit someone to drive a vehicle without a valid test certificate being in force. Both the owner and driver can be charged if they are not the same person. However in the case of an employee driving on behalf of an employer it is generally only the employer that is charged. To prove guilt however both parties should know a valid M.O.T. is not in force. Police Powers You may consider issuing a Non-Endorsable Conditional Offer of Fixed Penalty in terms of no test certificate. This will be further explained in Lesson 11, Conditional Offers. Professional Standards PS It is a common offence for people to have forgotten to renew their test certificate and they only realise when required to produce their documents. It is important to point out when they can use the vehicle after the offence has come to light. When reporting people for this offence include the date of first registration or manufacture in the police report to prove that a test certificate was required for the vehicle. 14 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Appendix A 15 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates 16 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Vehicle Excise & Registration Act 1994 Road Traffic Law - R.T.A 1988 - Part II dvla.gov.uk Review: You can explain the basic principles of vehicle registration and vehicle excise licensing You can state the offence created by section 47 of the Road Traffic Act, 1988 17 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 2.2 Driving Documents - Registration, Excise and Test Certificates Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 18 Road Policing OFFICIAL