Fraudulant use of Motability car?

sdfdsfsadas

Hi guys,

A few quick questions -

My spouse has just been granted a Motability car. Problem is the old car is knackered. I am therefore looking at the rules/solutions in terms of using the Motability car myself. This will largely be for commuting, which I suppose does benefit the disabled person otherwise we'll have little/no income.

As I understand it -

Motability is a charity/private company. Neither they nor the police/DVLA/whoever really give a toss about someone else using the car provided they're a named driver. Motability's rules state that any use must benefit the disabled person, but this is a rule set out by a private company - breaking this rule may in extreme cases void the agreement, but it is not a criminal offence. Correct?

However, all Motability cars have a disabled tax class. In fact, the current car also has a disabled tax class and has for a few months, so I'm even more worried! Abusing this (by using it in a manner that won't directly benefit the disabled person) IS in fact an offence. The police couldn't care less about it being a Motability car, but they do care about the mis-use of the tax. Correct?

So I'm not sure what to do. I read a long thread on here full of arguments (which was also several years old and closed), but the general consensus seemed to be that it's fine - unless you're doing stupid stuff like racing the car and the disabled person NEVER uses it, you won't get into trouble.

But I'm still a little concerned, and would like some answers. I'm also wondering if there's any way to simply pay the tax - it's a brand new car with a £20 per year tax class. I'd happily just pay it, but is there any way to do this? I can't really ring Motability (as helpful as they are) and say "Hi, worried about getting caught mis-using the car, can I pay tax please?" or they might just say "No, oh and your agreement is void".

Needless to say, this is quite a worrying situation that really isn't helping us out at the moment. I'm quite ill myself (though not registered disabled) and this stress is the last thing we need. I don't want to be seen as a benefit cheat either, so this is also a rather tricky position to be in.

DomRavioli

The car is for the sole use of the person who gets DLA. That means you cannot use it to commute as it is against the contract taken out with motability, and they can and will take them away - probably not best to put your possible intentions on an internet forum.

Other people can drive it on behalf of the disabled person, but it must be for the sole benefit and purpose of the disabled person, and someone going to work isn't the sole benefit and purpose of the disabled person - you get paid, not the disabled person.

Richie-from-the-Boro

sdfdsfsadas wrote: »

Hi guys,

A few quick questions -

My spouse has just been granted a Motability car. Problem is the old car is knackered. I am therefore looking at the rules/solutions in terms of using the Motability car myself. This will largely be for commuting, which I suppose does benefit the disabled person otherwise we'll have little/no income.

As I understand it -

Motability is a charity/private company. Neither they nor the police/DVLA/whoever really give a toss about someone else using the car provided they're a named driver. Motability's rules state that any use must benefit the disabled person, but this is a rule set out by a private company - breaking this rule may in extreme cases void the agreement, but it is not a criminal offence. Correct?

However, all Motability cars have a disabled tax class. In fact, the current car also has a disabled tax class and has for a few months, so I'm even more worried! Abusing this (by using it in a manner that won't directly benefit the disabled person) IS in fact an offence. The police couldn't care less about it being a Motability car, but they do care about the mis-use of the tax. Correct?

So I'm not sure what to do. I read a long thread on here full of arguments (which was also several years old and closed), but the general consensus seemed to be that it's fine - unless you're doing stupid stuff like racing the car and the disabled person NEVER uses it, you won't get into trouble.

But I'm still a little concerned, and would like some answers. I'm also wondering if there's any way to simply pay the tax - it's a brand new car with a £20 per year tax class. I'd happily just pay it, but is there any way to do this? I can't really ring Motability (as helpful as they are) and say "Hi, worried about getting caught mis-using the car, can I pay tax please?" or they might just say "No, oh and your agreement is void".

Needless to say, this is quite a worrying situation that really isn't helping us out at the moment. I'm quite ill myself (though not registered disabled) and this stress is the last thing we need. I don't want to be seen as a benefit cheat either, so this is also a rather tricky position to be in.

Ring them and ask. The vehicle itself not just the tax exemption and insurance must be used for the benefit of the benefit of the recipient..

sdfdsfsadas

DomRavioli wrote: »

The car is for the sole use of the person who gets DLA. That means you cannot use it to commute as it is against the contract taken out with motability, and they can and will take them away - probably not best to put your possible intentions on an internet forum.

Well I don't intend to do anything that could risk that happening, hence why I am asking. I am sure plenty of people fraudulently use their Motability cars (both intentionally and unintentionally) but I certainly do not intend to be one of them.

Richie-from-the-Boro wrote: »

Ring them and ask. The vehicle itself not just the tax exemption and insurance must be used for the benefit of the benefit of the recipient..

Yes, but breeching the terms of the Motability agreement isn't breaking the law. Nor is driving it in terms of insurance (I'll be a named driver on the policy). What IS breaking the law is the tax situation. That's all the police will care about if one of their ANPR cameras flags the car up.

As I say, I'm also unsure about asking Motability - they might just cancel the lease if I start asking about using it for a commute or anything like that.

[Deleted User]

I do wish people would use google lol. Try http://mobility-advice.org.uk/

There is also this on the motability website

"As an appointee, you would be the hirer of the Motability Scheme vehicle and legally responsible for the lease agreement, on behalf of the disabled person. It’s therefore your responsibility to ensure that the Scheme car is used for the right purpose and that the disabled person has full access to it".

Even if you aren't an appointee, I assume the same rule applies, the disabled person should have full access to the car. I'm not sure this is true if you are taking the car to work.

The only way to be sure is to phone the motability scheme and ask, and then ask about tax and insurance clauses. The car is there to allow the disabled person to get to places.., not to allow you to maintain a job. If you are scared to phone motability to ask these questions because you worry the car might be taken away, I think you already know the answer. You don't have to be breaking the law for this to happen. You just have to be not following their guidelines. If losing it doesn't bother you, you don't really need the motability car.

sdfdsfsadas

deannatrois wrote: »

I do wish people would use google lol. Try

There is also this on the motability website

"As an appointee, you would be the hirer of the Motability Scheme vehicle and legally responsible for the lease agreement, on behalf of the disabled person. It’s therefore your responsibility to ensure that the Scheme car is used for the right purpose and that the disabled person has full access to it".

Even if you aren't an appointee, I assume the same rule applies, the disabled person should have full access to the car. I'm not sure this is true if you are taking the car to work.

The only way to be sure is to phone the motability scheme and ask, and then ask about tax and insurance clauses. The car is there to allow the disabled person to get to places.., not to allow you to maintain a job. If you are scared to phone motability to ask these questions because you worry the car might be taken away, I think you already know the answer.

Well yes, but as I'm sure you can gather from my posts here, we are a pair of worriers in this household!

Like I say though, it does put us in rather a difficult position. My spouse would much rather I was earning and does not need use of the car while I am at work.

Like I say, I am more than happy to avoid breaking any sort of law/rules, but having an additional vehicle in our household will currently cost us well over £1000 by the time you take into account the cost of a new (2nd hand) vehicle, insurance, MOT, and tax. That is well over a month's income for us and a cost we can scarcely afford. It also seems mad to do this when I will be using our non-motability car while the motability one is simply sat in the driveway. So if there is any legal/non-lease-voiding way around this, I'm obviously very keen to take it.

But while I am hoping that there is a way around this,it seems that if I phone Motability and I hint that I might be doing something that breeches their terms, they'll cancel the lease. As I've also explained, Motability isn't even the main worry here - they might be find with it, but the DVLA/police might not be if I'm caught driving with a disabled tax exempt car without a disabled person in it.

And yes, I did use Google. I found the 5-year-old argument thread on here that I mentioned in my original post (As a new user, I can't post a link to it). Most people on there said it wouldn't be a problem, but it was full of conflicting and anecdotal advice. Good job I'm not in work tomorrow as it's now 3am and I can't sleep through worrying about this.

marvin

Yes you can so long as the car is available, should they need it, to the disabled person.

We’ll ask you to make sure:

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
Only named drivers listed on your Certificate of Motor Insurance can drive the car*
That you let us know about any changes that may affect your lease.

http://www.motability.co.uk/understanding-the-scheme/use-of-your-car/

bigbulldog

If by using the car to get you to work every day and the income that brings into the household maintains your spouses quality of life then they will/should allow you use of the car.:)

tomtom256

Why didn't you look into this before you got the car on the scheme?

Could have used the money they take to keep your existing car on the road and negate the issue of breaking the scheme rules and risking the car being taken off you for misuess/abuse.

You commuting to work does not benefit the disabled person in my opinion as if they need to get anywhere whilst you have the vehicle they can't, it only benefits you. Yes you could argue that being in work keeps an income coming in etc but that in of itself does not benefit the actual disabled person, its just semantics.

It appears to me that you wanted a new car to drive around in and use for purposes other than the scheme provides for as your old car was on its way out and now realise that it may cause issues.

Diary

My husband and I had this issue. 3 years ago I got enhanced mobility Pip. We had an old car so looked into motability.
I phoned motability before we asked for a car and we're told my husband could not use the car for commuting under any circumstances. So we got a car loan and still get the free tax, which was 250 a year, which was perfectly ok to do while he was commuting - I checked with the police.

So in my personal experience it wasn't the free tax it was the motability car that stopped him using it for commuting.

My circumstances have changed dramatically since then.

mrcol1000

In reality, no-one checks up on this. Our mobility salesman told us that he regularly knows that the car he is selling under mobility is purely for the listed driver not the disabled person but if they live in the same house then there is no way to prove it.

We can not afford two cars. I need a car to go out the house but can not drive. My wife regularly uses the car for her own use but I get use out of it too. Some households could afford two cars but most households with a disability could not afford to run one car without mobility's help let alone two.

It is very easy to lecture you on a forum but the reality for people is very different. As long as the commuting is not going to get in the way of your spouse going out then I would really not worry too much about it.