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Tricky Question


bixy

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I have brought a car over from the UK, sent back the export slip to DVLA and reclaimed the tax. I am now in the process of immatriculating the car into the French system. Unfortunately it's taking a while, mainly because Nissan are taking their time sending me the Certificat de Conformite. This means that when we go over next week for my daughter's graduation the car will be on UK plates with no tax disc. I'm wondering what the legal position is and perhaps more importantly what the attitude of the police might be. Any ideas/suggestions gratefully received. Will having the quittus fiscale count for anything?

Patrick

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It will be picked up on the Police ANPR (automatic number plate recognition) cameras at the port or on the road and you will face at least a fine,  at worst your car taken off you as it will come up as not insured either.  Leave it in France and hire a car, much cheaper option.
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Do they really pick you up as you come off the boat at the port?

I overlooked my MOT and tax by a few days in France and drove back with an appointment fixed for the MOT (it passed and I immediately taxed it).  I thought that if you had an appointment it was ok to drive it home to get it done.

Oh dear, must make a better reminder note in future.

WendyG

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The legal position is quite straightforward.

You have notified the DVLA that the vehicle has been permanently exported so it's UK registration is no longer valid and you are no longer required to comply with UK regulations concerning road tax, MOT and UK insurance. 

Its registration status is now the concern of the authorities in the country to which it has been exported, and in that respect, you are fully compliant with French law.  You have followed French import regulations by declaring the vehicle to your tax office and obtaining the quittus VAT receipt. Whilst the vehicle does not yet have a definitive French registration, the quittus authorises you to drive the vehicle under the number shown on its former UK registration document for one month to allow you time to complete the registration formalities.  You also have a French insurance certificate and, if appropriate, a French CT certificate.  All of these items confirm that the vehicle is currently 'French legal' and that you haven't just fiddled the UK system by 'deregistering' your car then continuing to drive it over there.

However, as regards a potential ANPR 'pull', the attitude of the UK police would be difficult to predict.  Kent traffic police tend to be pretty much au fait with French vehicle regulations, but I suspect the police in most other areas will be less so.  I'd be inclined to chase up Nissan for the conformity certificate - they ought to be sympathetic to your situation.  Once you receive it, you can register the car here the same day, then you'll have no risk of any unwanted aggro during your very important visit....

 

 

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That reminds me that way back in the very early days of this forum we were in the same situation as you. We had no trouble in England, but did have one observant constable querying why our vehicle did not appear on the police computer. The explanation that it was officially exported and going through the French immatriculation process, backed up by the French documentation, satisfied him. Just as SD says.

I put something about that on the forum and received a reply from somebody who claimed to have been a traffic policeman, and who said he would not have been so generous to an obvious and blatant law-breaker. In fact in an off-forum e-mail he said that he hoped I had an accident in which I was seriously injured and the rest of the family killed, just so I could experience the effects of driving illegally with invalidated insurance.

Apart from this person's grasp of the law being totally wrong, it shows what a nice sort of person is attracted to the traffic police (if his claims were true of course).

So don't necessarily believe what forum members tell you. Unless they are right, like SD of course. [:)]

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I'm sure SD is perfectly correct in what he says, but they didn't have ANPR back then Will and SD will not be with the OP.  The car will come up on any ANPR system as untaxed, no MOT and no insurance, or perhaps as exported, either way,  a certain pull .  Even if it shows it as exported its back in the UK and as far as I can see UK rules will still apply.

OK it can then be explained that it is being registered in France, its insured, CT'd etc but its not in France is it and IMHO I think that having UK plates might lead to considerable delays in travelling to an important occasion.

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I'm afraid I'm with Ron on this one. As technically 'in the right' as you might be, and I don't doubt for a moment SD's assertions that you will be, I have zero confidence that the average UK plod would accept your explanation verbatim and you could find yourself stopped, possibly arrested if you have no confirmable UK address, and your car impounded pending enquiries which basically will entail you proving what you claim.

Personally I wouldn't risk it, especially for such a unique and important occasion, and I'd make alternative travelling arrangements.

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Just to clarify Ron's point about whether UK rules will still apply...

The DVLA provides the following instructions on exporting a vehicle:

You can tell DVLA if you are taking your vehicle out of the UK permanently by filling in the purple section ‘Notification of Permanent Export’ (V5C/4) of the Vehicle Registration Certificate (V5C), this should be sent to DVLA, Swansea SA99 1BD. The rest of the V5C should then be kept, as you may need this to re-register the vehicle abroad, as once exported, your vehicle will become subject to the legal requirements of the new country.

Patrick has notified the export to the DVLA and he has all the necessary documents to show that his vehicle now complies with the legal requirements of his country.  Under the famous 'driving foreign cars' rule that we all know and love, he is allowed to temporarily visit the UK without having to comply with any local tax/MOT/insurance regulations. 

However, the caveats remain valid......

 

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Many thanks all. Still in a quandary but at least better informed. As several have pointed out, it's ok being 'in the right' but in my experience police officers don't appreciate some clever dick telling them the law - that's the problem.

Patrick

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