SORN - does this count as off-road?

Rover_Driver

Wig wrote: »

And for MOT ?

A SORN declaration is only valid in place of a vehicle licence and insurance, nothing to do with MOT.

Retrogamer

I've heard of SORN cars being removed from privately owned car parks, that the public had access to before so i wouldn't be confident your car is safe in front of the garage.

DVLA's staff who enforce this be removing the cars might be wrong to do this, but then you have the uphill struggle to prove they're wrong and get the car back from them

Paperbird

Had this type of problem with one of our cars that was SORN. When they came round and spotted it they phoned the local council to see if the land was on the unadopted list. They said that if it was not on the unadopted list it was classed as highway and they could take it away.
But the council has two lists, the unadopted and the adopted, where our car was parked was not on either list and no record of any owner so after taking the car away because the land was not on the unadopted list they had to bring it back after being told to check the adopted list.
If the land has no owner showing on the council maps it could be the same.

Wig

Rover_Driver wrote: »

A SORN declaration is only valid in place of a vehicle licence and insurance, nothing to do with MOT.

Sorry you misunderstood my post.

There are three things all vehicle owners need be concerned about
TAX/SORN
Insurance
MOT

You gave the requirements for the first two (to avoid a fine), I was just asking about the 3rd one. For example, you may be parked as SORN on an unmaintained road, you may have insurance for being parked in a public place, but you may not have MOT and therefore liable to a fine for using a vehicle on a road without a test certificate.

Quentin

If a car is sorn it don't need an mot!

Rover_Driver

Wig wrote: »

You gave the requirements for the first two (to avoid a fine), I was just asking about the 3rd one. For example, you may be parked as SORN on an unmaintained road, you may have insurance for being parked in a public place, but you may not have MOT and therefore liable to a fine for using a vehicle on a road without a test certificate.

There is a difference between the insurance requirement and MOT requirement


There has to be insurance for the use of the vehicle, a parked vehicle is accepted to be available for use, so insurance is required if it is on a road or other public place. (s.143, RTA 1988)


A current MOT is required if a vehicle is actually being used on a road (s.49, RTA 1988)

Wig

Rover_Driver wrote: »

There is a difference between the insurance requirement and MOT requirement


There has to be insurance for the use of the vehicle, a parked vehicle is accepted to be available for use, so insurance is required if it is on a road or other public place. (s.143, RTA 1988)


A current MOT is required if a vehicle is actually being used on a road (s.49, RTA 1988)

I believe Plumbien v Vines said that a car is being used on a road for the purposes of test certificate and for Insurance even if it is parked.

Quentin wrote: »

If a car is sorn it don't need an mot!

It does if it is parked on an unmaintained road. AFAICT. The only requirement (for there to be an offence) would be that it has to be "a road".

Quentin

If you SORN your car then park it on a road the SORN won't protect it against no tax insurance or MOT!


When advising a SORN car doesn't need a MOT it's assumed it's off the road!

Wig

Quentin wrote: »

If you SORN your car then park it on a road the SORN won't protect it against no tax insurance or MOT!

If you park it on a road that is not maintained at public expense, your SORN will protect you against no tax. However because it is in a public place it will need to be insured.

When advising a SORN car doesn't need a MOT it's assumed it's off the road!

A SORN car has to be kept off "the road" - yes, but the definition of "a road" for VED purposes is "a road maintained at public expense". There do exist roads that are not maintained at public expense, and so you can keep a SORN car on those roads.

However, AFAIK the vehicle -being used on a road albeit not a road maintained at public expense- WILL need an MOT.