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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 www.dvla.gov.uk
First published in the December 2003 edition of Buzzing,
the magazine of the National Autocycle & Cyclemotor Club
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