Annex 3. Motor vehicle documentation and learner driver requirements

Documents

Driving licence. You MUST have a valid driving licence for the category of motor vehicle you are driving. You MUST inform the Driver and Vehicle Licensing Agency (DVLA) if you change your name and/or address.

Law

Road Traffic Act 1988: Sections 87 & 99(4)

Holders of non-European Community licences who are now resident in the UK may only drive on that licence for a maximum of 12 months from the date they become resident in this country.

To ensure continuous driving entitlement

  • a British provisional licence should be obtained and a driving test(s) passed before the 12-month period elapses, or
  • in the case of a driver who holds a licence from a country which has been designated in law for licence exchange purposes, the driver should exchange the licence for a British one.

MOT. Cars and motorcycles MUST normally pass an MOT test three years from the date of the first registration and every year after that. You MUST NOT drive a motor vehicle without an MOT certificate when it should have one. Exceptionally, you may drive to a pre-arranged test appointment or to a garage for repairs required for the test. Driving an unroadworthy motor vehicle may invalidate your insurance. From November 2012, motor vehicles manufactured before 1960 will be exempted from an MOT requirement, although they can still be submitted for a test voluntarily. Owners are still legally required to ensure their vehicle is safe and roadworthy.

From 20 May 2018, cars, vans, motorcycles and other light passenger vehicles manufactured or first registered over 40 years ago, will be exempt from the MOT test, unless the vehicle has been substantially changed within the previous 30 years. Guidance on what counts as a substantial change can be found at www.gov.uk/historic-vehicles.

If a vehicle that’s currently exempt from the MOT test is substantially changed, the vehicle keeper cannot continue to claim an exemption from the MOT test.

Law

Road Traffic Act 1988: Sections 45, 47, 49 & 53

Insurance. To use a motor vehicle on the road, you MUST have a valid insurance policy. This MUST at least cover you for injury or damage to a third party while using that motor vehicle. Before driving any motor vehicle, make sure that it has this cover for your use or that your own insurance provides adequate cover. You MUST NOT drive a motor vehicle without insurance. Also, be aware that even if a road traffic incident is not your fault, you may still be held liable by insurance companies.

Law

Road Traffic Act 1988: Section 143

Uninsured drivers can now be automatically detected by roadside cameras. Further to the penalties for uninsured driving (see ‘Penalty table’), an offender’s vehicle can now be seized by the Police, taken away and crushed.

Law

Road Traffic Act 1988: Sections 165a & 165b

The types of cover available are indicated below:

Third-Party insurance – this is often the cheapest form of insurance, and is the minimum cover required by law. It covers anyone you might injure or whose property you might damage. It does not cover damage to your own motor vehicle or injury to yourself.

Third-Party, Fire and Theft insurance – similar to third-party, but also covers you against your motor vehicle being stolen, or damaged by fire.

Comprehensive insurance – this is the most expensive but the best insurance. Apart from covering other persons and property against injury or damage, it also covers damage to your own motor vehicle, up to the market value of that vehicle, and personal injury to yourself.

Registration certificate. Registration certificates (also called harmonised registration certificates) are issued for all motor vehicles used on the road, describing them (make, model, etc) and giving details of the registered keeper. You MUST notify the Driver and Vehicle Licensing Agency in Swansea as soon as possible when you buy or sell a motor vehicle, or if you change your name or address. For registration certificates issued after 27 March 1997, the buyer and seller are responsible for completing the registration certificates. The seller is responsible for forwarding them to DVLA. The procedures are explained on the back of the registration certificates.

Law

RV(R&L)R regs 21, 22, 23 & 24

Vehicle Excise Duty (VED). Vehicle Excise Duty MUST be paid on all motor vehicles used or kept on public roads.

Law

Vehicle Excise and Registration Act 1994: Sections 29 and 33

Statutory Off-Road Notification (SORN). This is a notification to the DVLA that a motor vehicle is not being used on the road. If you are the vehicle keeper and want to keep a motor vehicle untaxed and off the public road you MUST declare SORN – it is an offence not to do so. The vehicle will remain SORN until you sell, tax or scrap it. If your vehicle is unused or off the road it MUST have either a SORN declaration or valid insurance.

Law

RV(RL)R reg 26 & sched 4

Production of documents. You MUST be able to produce your driving licence, a valid insurance certificate and (if appropriate) a valid MOT certificate, when requested by a police officer. If you cannot do this you may be asked to take them to a police station within seven days.

Law

Road Traffic Act 1988: Sections 164 & 165

Learner drivers

Learners driving a car MUST hold a valid provisional licence. They MUST be supervised by someone at least 21 years old who holds a full EC/EEA licence for that type of car (automatic or manual) and has held one for at least three years.

Laws

The Motor Vehicles (Driving Licences) Regulations 1999: Regulation 16 & Road Traffic Act 1988: Section 87

Vehicles. Any vehicle driven by a learner MUST display red L plates. In Wales, either red D plates, red L plates, or both, can be used. Plates MUST conform to legal specifications and MUST be clearly visible to others from in front of the vehicle and from behind. Plates should be removed or covered when not being driven by a learner (except on driving school vehicles).

Law

The Motor Vehicles (Driving Licences) Regulations 1999: Regulation 16 & sched 4

You MUST pass the theory test (if one is required) and then a practical driving test for the category of vehicle you wish to drive before driving unaccompanied.

Law

The Motor Vehicles (Driving Licences) Regulations 1999: Regulation 40