UK Legislation

Firstly, the promised exemption Vehicle Excise Duty extension from the end of 1972 to the end of 1973 came into force on 1 April. But it will not be as simple as we might have expected. DVLA appear to have decided that, unlike when the VED exemption was first introduced, keepers will have to apply for a change of taxation class to ‘historic’ to gain the exemption. Keepers with unexpired VED on that date will then be able to claim a rebate from the date of notification of the change, using Form V14.

There is another VED related matter where DVLA have decided to introduce a bit of process just to keep us on our toes. On 1 October, DVLA will cease to issue tax discs, which is of course a good thing.

However, for reasons of avoiding fraud, DVLA have decided that it is now necessary that on any sale of a vehicle with an unexpired tax disc, the VED registration expires and a new one has to be sought.

DVLA advise that only one third of vehicles sold second-hand actually have unexpired tax discs. But given that a very significant proportion of the overall sales will be by commercial organisations, such as hire companies and fleet owners, who tend to sell at the end of a given year of ownership, it seems evident that a much greater proportion of private vehicle sales, especially of cars, will have an unexpired tax disc. The need for the new keeper to apply at the outset for a new disc will increase the effort involved in a second-hand vehicle purchase. It is likely that a significant proportion of sales of historic vehicles will be affected by this change.

You will note I have referred to the tax disc, because DVLA currently say that all vehicles are covered by this need, even if they are exempt, and no VED is in fact payable. The purpose of the need for the renewal process is not currently clear, as DVLA will gain knowledge of the new keeper through the V5C transfer process, continuous insurance will be in force and DVLA has direct knowledge of the existence of an MoT Certificate where one is required for the vehicle. The Federation has questioned the justification for the proposed process, but at the moment members should be aware of the likelihood that that is what will happen.

There are two more remote issues, both concerning London, of which you should be aware.

The London Councils are proposing to ban lorries over 18 tons from entering their area if they do not have side bars and additional mirrors, to enhance cycle safety. The Federation has approached the London Councils to seek assurances that historic vehicles in London will not be excluded, as they will normally be running in controlled environments where their cultural difference from modern vehicles will be evident.

There are proposals gradually developing towards an Ultra Low Emission Zone. They have a long way to go, but the Federation is getting in as early as possible to ensure that historic vehicles are not excluded as they are used so infrequently and then usually for defined historically related purposes.

Two final EU related points should be raised.

The Roadworthiness Testing Directive is now in final form and we do have the text, which we are analysing. We will then be ready to engage with the Department for Transport after adoption of the Directive which is still expected to occur in April.

And finally, we are involved, primarily through FIVA, in investigating the possibility that inclusion of certain chromium products into the EU REACH Regulations (which concern hazardous chemicals) could make chrome plating difficult or impossible in the future. We will let you know how this develops.

DVLA

Extension of Historic Vehicle Tax class threshold

On 1 April 2014, the threshold for Historic Vehicle taxation class moved from 1 January 1973 to 1 January 1974. This means that vehicles made in 1973, or registered in 1973, are now entitled to have the tax class of Historic Vehicle. However, the conversion from the existing tax class, e.g. PLG, to Historic Vehicle is not automatic. The registered keeper will have to claim it using the documents detailed below.

If the year of manufacture is not recorded on the V5C, and if the vehicle was registered from 1 January 1974 up to and including 7 January 1974, DVLA will let you register it as a Historic Vehicle, based on the assumption that the vehicle would have been made in the previous year.

There is no need to wait until the existing tax has expired, before applying for the Historic Vehicle tax class.

The DVLA information leaflet which explains about the Historic Vehicle tax class is leaflet INF34 that is called Taxing Historic Vehicles. This will be revised by DVLA to reflect the changes being made. Unfortunately INF34 is not available to download but can be obtained by ringing 0300 790 6802 or emailing Stores.order@dvla.gsi.gov.uk

Applying for the Historic Vehicle tax class

The following documents will need to be taken to a Motor Tax Post Office:

1. The V5C Registration Certificate. In the change section, put the tax class as Historic Vehicle, and sign and date the V5C. (Ignore any legacy note relating to DVLA Local Office.)

2. A V10 Application for a Tax Disc. On the form indicate a tax class of Historic Vehicle. (Ignore any note relating to an insurance certificate requiring to be produced).

Any received V11 Renewal Reminder to Get a Tax Disc form should not be used.

3. MoT Certificate.

The Post Office will retain the V5C and post it onto DVLA in order for them to change the tax class to Historic Vehicle and issue a new V5C. Subsequent V11 Renewal Reminders should have the tax class of Historic Vehicle.

As with any communication with DVLA or government body, it is suggested that consideration be given to making a photocopy of all documents that are sent to DVLA.

Refund of Remaining PLG Disc

Once the vehicle has been taxed as a Historic Vehicle, it will be possible to get a refund for each full calendar month left on the tax disc. A V14 form, which is called Application for a Refund of a Vehicle Tax Disc, should be completed and the PLG tax disc attached with clear tape to the form, then posted to DVLA. The PLG tax class is used as an example, and the same will apply to other tax classes.

Missing V5C Registration Certificate Part of the process for claiming the Historic Vehicle tax class is that the V5C needs to be amended. If the V5C has been lost or mislaid then to get a replacement one it will be necessary to fill in a V62 form. This form is called Application for a Vehicle Registration Certificate. The current fee for a replacement V5C is £25.

Correction of engine details on a V5C

With the vast majority of tax classes, e.g. PLG, these are dependent on engine size/type. This means that when an engine change, or correction of the engine details, is notified to DVLA, there needs to be independent verification of the new engine details before DVLA will accept the change. The Historic Vehicle tax class is one of the few tax classes which is independent of engine size, so changes in engine size/type are not subject to independent verification by DVLA.

If the engine details on a 1973 vehicle are incorrect, it will be clerically simpler for the owner if the amended details are notified to DVLA on the new V5C that indicates the tax class of Historic Vehicle, seeing that no independent verification of engine size/type would then be required.

Incorrectly dated vehicles

There will be a minority of vehicles that were registered in 1974 but were made in 1973 (or earlier), but DVLA does not have the year of manufacture recorded as 1973 (or earlier). Typically these will be sold off military vehicles, imported vehicles, vehicles that were slow to sell and hence registered later.

If an owner wants the year of manufacture corrected then there should be contemporary documentary evidence, which should either be an extract from the manufacturer’s records, which indicates chassis numbers, or an extract from the appropriate Glass’s Check Book. The Glass’s Check Books come in three versions for cars, commercial vehicles, and motorcycles. The appropriate specialist vehicle club should be able to assist in providing a copy of the appropriate Glass’s Check Book, or extract from the manufacturers records, but they could well charge a fee for this service.

Note that a dating letter on its own will not be sufficient to get the year of manufacture corrected. There needs to be contemporary evidence, which will include a chassis number, or bandwidth of chassis numbers and dating information.

To correct the year of manufacture the documentary evidence and the V5C will need to be sent to DVLA. Only when the corrected V5C has been issued, will it be possible to go along to the Post Office with the newly issued V5C and claim the Historic Vehicle tax class.

Historic Vehicles – the small print

The existing usage criterion continues. This is the definition contained in the DVLA leaflet V355/1 called Notes about Taxation Classes. ‘All vehicles, except buses and goods vehicles used commercially are exempt from vehicle tax if they were constructed before 1/1/1974. See leaflet INF34.’ If a bus or goods vehicle is used commercially, there is not an entitlement to apply for the Historic Vehicle tax class.

V765/1 updates

DVLA have asked us to remind clubs listed on the V765/1 that this list is updated every four or five months with amendments sent in by clubs and is available from www.gov.uk/vehicle-registration/old-vehicles. Club contacts do change and the most recent version should be used.

There is a charge of £25 for providing this letter (£30 for non-members) . The DVLA will also charge (fees shown on the DVLA website).

We can also endorse V765 applications for retaining a cherished number plate although this is rarely applicable to ex-military vehicles as you cannot have a military number for civilian use.