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buying untaxed private car

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  • AdrianC wrote: »
    You'll appreciate that adding that makes a very big difference...



    Woah, no.

    There are three possible VED statuses.
    Licenced.
    SORNed.
    Unlicenced.

    The last one of the three is always an offence.
    The second one of the three is only an offence if the vehicle is somewhere that falls under the auspices of the RTA.



    Again, no. The RTA applies anywhere there's an expectation of public vehicular access, whether or not it's adopted.

    But not for vehicle excise licences.
  • Car_54
    Car_54 Posts: 8,842 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    AdrianC wrote: »
    You'll appreciate that adding that makes a very big difference...



    Woah, no.

    There are three possible VED statuses.
    Licenced.
    SORNed.
    Unlicenced.

    The last one of the three is always an offence.
    The second one of the three is only an offence if the vehicle is somewhere that falls under the auspices of the RTA.



    Again, no. The RTA applies anywhere there's an expectation of public vehicular access, whether or not it's adopted.

    The Road Traffic Act has no bearing on licensing. The applicable staute is the Vehicle Excise and Registration Act 1994, and in particular section 62(1) which defines "public road" for the purposes of the Act as:

    "(a) in England and Wales and Northern Ireland, means a road which is repairable at the public expense, and

    (b) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984"

    This has its origins in the far-off days when Road Fund Licence revenues were supposed to be used to maintain the roads.
  • AdrianC wrote: »

    There are three possible VED statuses.
    Licenced.
    SORNed.
    Unlicenced.

    The last one of the three is always an offence..

    Only licensed or unlicensed.

    If a registered vehicle is unlicensed, it is an offence unless the vehicle is exempt.

    A SORN is one of the exemptions, but is not valid if the vehicle is used or kept on a public road.
  • AdrianC wrote: »

    The RTA applies anywhere there's an expectation of public vehicular access, whether or not it's adopted.

    The Road Traffic Act applies 'on a road', there are only some sections that also apply to 'other public place'
  • Herzlos
    Herzlos Posts: 15,887 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Just making the point that distance isn't an issue when you have a prebooked test.

    I think you might have a hard time explaining why you're taking it to a pre-booked MOT 50+ miles away, when there will be dozens nearer.
  • Herzlos wrote: »
    I think you might have a hard time explaining why you're taking it to a pre-booked MOT 50+ miles away, when there will be dozens nearer.

    There's no need to explain anything, the law says a prebooked test and doesn't stipulate any distance.
  • paulr70
    paulr70 Posts: 107 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Just to bring this thread up again. Am still looking for a car and found a really good private car that has just been mot`d but its been untaxed for two months.
    Am about to call the owner to see if its for sale, i`m wondering how it was MOT`d whilst untaxed and also again isnt it not illegal to test drive?
    Thanks
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    paulr70 wrote: »
    Just to bring this thread up again. Am still looking for a car and found a really good private car that has just been mot`d but its been untaxed for two months.
    Am about to call the owner to see if its for sale, i`m wondering how it was MOT`d whilst untaxed and also again isnt it not illegal to test drive?
    Thanks
    Taking a car for an MOT is a situation which is explicitly legal for an untaxed car - because without an MOT, you can't get tax. It'd be catch-22 otherwise.

    But, no, you can't legally test-drive it while untaxed. Personally, I'd just do it, though - even if the worst happens, it's not a points situation, just a fine for the keeper - the seller.
  • I'd do a test drive if the seller was willing; it's their risk not yours. If you buy you'd need to tax it before driving it any distance to get it home.

    Don't know why they had to go and make things so complicated. You used to be able to buy a car and drive it with a couple of weeks insurance grace no problem, didn't even need to tell them and 'Tax applied for' in the screen usually sufficed on that front.
  • Car_54
    Car_54 Posts: 8,842 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    AdrianC wrote: »
    But, no, you can't legally test-drive it while untaxed. Personally, I'd just do it, though - even if the worst happens, it's not a points situation, just a fine for the keeper - the seller.

    AFAIK there two offences committed here. The owner for keeping an unlicensed vehicle (section 31A), and the driver for using it. (s 29 of the Vehicle Excise and Registration Act).
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