Law on Vehicle Excise Duty...Help - Dwight Van Driver

I have contacted DVLA over a week ago to advise me of the Statutory Instrument that gives them authority to cancel Excise Duty when a car is sold and the new owner to forthwith take out a new one despite the fact that the old may still be current. No reply to a simple request.

I did a search as best as i could to try and find it without success.

Any of you legal beagles help me?

I am wondering if this was a DVLA policy document and as such no authoirty at law?????????????

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Law on Vehicle Excise Duty...Help - FP

"I am wondering if this was a DVLA policy document and as such no authoirty at law..."

If this is correct, DVD, you've stumbled on something pretty massive.

Law on Vehicle Excise Duty...Help - FP

The only relevant thing I can find is this:

www.legislation.gov.uk/ukpga/2014/26/section/91/en...d

This is the Finance Act 2014, which contains amendments to previous legislation, amongst which are amendments to the Vehicle Excise and Registration Act 1994.

If you click on the link to open the pdf of the whole thing, on p.509 there is this:

"The Secretary of State may specify requirements which must be complied with before a rebate condition can be satisfied."

Does this mean the whole VED renewal/rebate thing is at the whim of the Secretary of State?

Law on Vehicle Excise Duty...Help - Dwight Van Driver

Thanks FP - I have been through the Finance Act 2014, Schedule 19 in particular but I am unable to find the Statutory Instrument of the sec of State outlining the conditions of surrender of a current Licence on sale of a vehicle and obligation on new owner to tax it. If there is not one then DVLA are wrong.!!!!!!!!!!!!!

My initial simple request to DVLA to provide me with the identifier for the SI was met with a reply from them within 3 days. Now 8 days. I have repeated my request, they now tell me possible reply in TEN days. All very suspicious me thinks.

I am anxious to see the SI as it may have wording that provides a loophole.???????

More when I get the information.

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Law on Vehicle Excise Duty...Help - skidpan

Here is a link to the DVLA rules that became law on 01 October 2014.

www.gov.uk/government/news/dvla-reminds-customers-...s

It clearly states what happens when a car changes hands and the DVLA are notified of this change.

The sysytem worked perfectly when dad stopped driving last October and gave my wife hs car. We sent in the V5C and he was refunded the remainder of the tax. Before the wife used the car she inurred and taxed it on line.

Law on Vehicle Excise Duty...Help - Bromptonaut

I may be missing something but it looks as though thw whole change was effected by primary legislation.

(1) Omit section 10 (transfer of vehicle licences).

(2) Amendment of section 19 (surrender of licences) to provide for current set up of refund when ownership changes.

Law on Vehicle Excise Duty...Help - Dwight Van Driver

As I understand the process the primary Act (in this case) VERA contains the power of the Sec of State to make changes necessary and this is done in a Statutory Instrument. The duration and validity of a Licences contained in VERA has been changed. What is the SI?

DVLA have advised of such a change in their advice script which is NOT law but an interpretation.

The devil is within the detail and that which DVLA have put out may or may not be in line exactly with that contained in an amending SI, which is what I want to check.

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Law on Vehicle Excise Duty...Help - concrete
This is interesting and also disturbing. The DVLA being a law unto themselves is not a new experience for some of us but can you imagine the consequences if 'joe public' went their own sweet way? They should comply with law as it is and not how they would wish it. If a statutory instrument does not exist to empower them then they are acting outside the law and illegally. If you live by the sword etc etc. I hope you find out the truth DVD. Why not try our new Lord Chancellor Michael Gove, I have heard he is man of integrity and may just prove it so.
Best of luck. Concrete
Law on Vehicle Excise Duty...Help - Dwight Van Driver

Update

Just sent off my 3rd request to DVLA for information on SI. despite their promises to reply in 3 days and last 10 days (18th) nothing so far received to what I deem to be a relatively simple question.

I wonder why??????????

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Law on Vehicle Excise Duty...Help - martint123

I had a friend (sadly no longer around) who was an ex plod turned solcitors clerk who would happily pour over legal tombs and public notices to find thinsg like your current quest. He was appalled at how badly written/worded some law was written and the acceptance by magistates of the intent rather the wording of some law.

I could listen to him for hours whilst giving him a lift to various autojumbles and the like.

Law on Vehicle Excise Duty...Help - Dwight Van Driver

Ok can now put this one to bed.

DVLA have finally pointed me back to the Finance Act 2014 where at Schedule 19 it inserted a new Section 7 to VERA removing the authority to transfer an Excise Licence to another person and makes the licence no longer in force on such occasions.

It adds a ground to claim a rebate on the Licence

It therefore follows that when the new owner takes over the vehicle he has to re-tax it as the old current licence is no longer in force and hence for part of a month double duty is being paid to HMG (DVLA).

However some confusion still remains for this old plod trying to keep abreast of matters because Regulation 20(1)(2) of Road vehicles (Registration and Licensing) Regs still states and is unaltered:

“On a change in a keeper of a vehicle any current vehicle licence for the vehicle may be delivered to the new keeper”

Which is contrary to the new Section 7.

The purist amongst you may well argue the parent Act Vera nullifies that contained in the Reg.

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