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SORN Traps
by Mark Daniels
Last year I spent some time over SORN issues with the DVLA and,
believe me, so far you probably don't appreciate the half of
it! SORN requirements only apply to vehicles whose latest tax
disc expired after 31st January 1998.
Trap 1
Computer Licence Renewal Reminders (V11 SORN forms), are automatically
produced some eight weeks in advance of despatch so they can
be received by vehicle keepers about 14 days before a licence
or SORN declaration is due to commence.
If a change of ownership is notified to DVLA within this period,
the V11 is already printed, and still goes to the previous owner
of the vehicle. While the DVLA will happily register the vehicle
in your name, knowing that it will shortly require a SORN declaration
and that the V11 will go to the previous keeper - you might
think they'd have the decency to advise you when they return
the V5 registration document. Sadly not, the first thing you'll
know is when the fine crashes on the mat.
Trap 2
When a vehicle has been off the road for some time, the only
reminder you will have that the annual SORN declaration is due
for renewal, will be the arrival of the V11 form. If the V11
does not arrive (either lost in the post or not sent by DVLA
in the first place), you probably won't realise the declaration
is required. The next letter is the fine, and the official line
is that you should have sent in a V890 in absence of the V11.
Trap 3
Even if you do send in a V890 form, if it gets lost in the post,
or more likely lost in the shambles that is the DVLA today,
remember they don't send out any acknowledgements, and you could
still receive notification of a fine!
An unfortunate aspect of this shameful bureaucracy is that it
claimed to be introducing SORN under the pretence of addressing
'tax dodging' issues. What's actually happening is that many
honest and innocent people are now receiving fines due to gross
inadequacies of the ill thought out SORN administration. As
of this year the automatic fines have now been raised to £80,
and the AA has vehemently criticised the lack of appeals procedures.
Aspects regarding the application of specifically unnotified
fines, and the principle of elevating the penalty while an issue
may be under any appeal, actually raise issues regarding laws
on human rights. There's more of the same bad medicine on the
way too, the previous owner of a vehicle is planned to be held
liable for all issues arising from failure to notify change
of ownership: road tax, parking fines, SORNs, etc.
One finds that efforts to discuss such issues are only confronted
by an ever-changing wall of faceless and indifferent bureaucracy.
It seems there is no one at DVLA capable of independent rational
thought; there is only the official line. While I'm sure we
all support actions to address the road tax evasion issue, it's
clearly missing the point to be penalising honest citizens on
bureaucratic issues. The SORN system appears just another classically
ill thought out government revenue raising exercise, applied
with complete indifference against the hapless motoring public.
As Brian Crook very sensibly suggests, you are strongly recommended
to keep a calendar of all your SORN renewal dates.
... and the DVLA replies
Statutory Off Road Notification (SORN) was introduced on 31
January 1998 and affects vehicles licenced on, or after that
date. The scheme aimed to ensure enhanced accuracy of the Driver
and Vehicle Licensing Agency (DVLA) records, by requiring vehicle
keepers to contact DVLA at least once a year. This information
can then be used to identify vehicle excise duty (VED) evaders
and assist police and authorities with combating vehicle crime.
DVLA tries to ensure that all vehicle keepers receive a reminder
form (V11), which enables them to renew the vehicle licence,
or declare SORN, if the vehicle is to be kept off-road. These
documents must be printed eight weeks in advance of distribution,
in order to ensure timely receipt. There is, however, no statutory
obligation for the Agency to produce V11s, the full responsibility
for ensuring that the vehicle is correctly licenced, or subject
to SORN, rests with the keeper.
In order to assist customers to comply with regulations, information
booklets are available from Post Offices, DVLA local offices
and DVLA's Customer Services Department. Copies are also sent
with each Registration Certificate and V11 reminder form, to
ensure that keepers are aware of their statutory obligations.
Advertising campaigns to raise awareness ran prior to the launch
of the SORN scheme and subsequently at periodic intervals to
reiterate the information. DVLA's website is constantly updated
to review any changes in legislation.
When a vehicle changes hands, the SORN declaration is not transferred;
a declaration is required from the new keeper. This is to ensure
that DVLA are aware of changes to the vehicle record and have
an accurate update of the new keeper's details.
Vehicles manufactured or registered before 1 January 1973 are
classed as historic vehicles and attract a nil rate of duty.
However, to ensure that the vehicles are roadworthy and documentation
such as MoT and insurance are current, a nil rate tax disc must
be displayed in the vehicle. If the vehicle is kept off-road
and has not had a licence since 31 January 1998, there is no
requirement to declare SORN. However, if the vehicle has held
a licence since this date, it is essential that an annual SORN
declaration be made.
From January 2004, a new system of continuous registration (CR)
has been introduced. The first stage of this scheme ensures
that all vehicle keepers receive an acknowledgement letter when
contacting DVLA to declare SORN or vehicle disposal. Detailed
instructions are provided to ensure that if an acknowledgement
letter is not received, the vehicle keeper contacts DVLA to
confirm that the record has been updated.
Consultations have been held with trade organisations and relevant
industry contacts, offering a forum for the expression of views
regarding the implementation of measures to increase adherence
to VED policy and to reduce vehicle crime. These consultations,
one held in 2001 and a subsequent, more detailed proposal in
2003, received confirmed support, recognising that the Agency
does not intend to persecute honest motorists, but to crack
down on offenders who repeatedly abuse the system.
An official appeals procedure has not been established, however,
DVLA will treat each case on merit and will view genuine cases
with sympathy. Whilst the legislation allows all unlicenced
keepers to be pursued, DVLA retains the right to withdraw cases
in certain circumstances.
SORN declarations may be made on form V890, which is available
from all licence issuing Post Offices and DVLA local offices.
The customer services department will issue a form for those
that wish to post notification, or they can accept telephone
declarations from the registered keeper (tel: 0870 240 0010).
The form can also be downloaded from the DVLA website
First published in the December 2003 edition
of Buzzing, the magazine of the National Autocycle & Cyclemotor
Club
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