MOT New Legislation for Vehicles of Historical Interest (VHI) an overview by Andy Morrell
Most of our vehicles first registered over 40 years ago will, as of 20 May 2018, be exempt from periodic testing (MOT) unless they have been substantially changed over the last 30 years.
Keepers of VHIs exempt from periodic testing continue to be responsible for their vehicle’s roadworthiness.
Keepers of vehicles over 40 years old can voluntarily submit vehicles for testing.
Keepers of VHIs claiming an exemption from the MOT test should make a declaration when renewing their vehicle tax.
The responsibility to ensure the declared vehicle is a VHI and meets the criteria, rests with the vehicle keeper as part of their due diligence. If a vehicle keeper is not sure of the status of a vehicle, they can consult a marque or historic vehicles expert.
If a vehicle keeper cannot determine that the vehicle has not been substantially changed, they should not claim an exemption from the MOT test.
How to declare a vehicle for the 40 year MOT exemption
Vehicle keepers are required to ensure that their vehicles are taxed when used on a public road.
From 20 May 2018, at the point of taxing a vehicle, the vehicle keeper can declare their vehicle exempt from MOT if it was constructed more than 40 years ago. When declaring an exemption, you will be required to confirm that it has not been substantially changed (as defined in the guidance below).
If the vehicle does not have an MOT and you wish to continue using it on the public roads, you will have either to undergo an MOT or, if you wish exemption from the MOT, to declare that the vehicle is a VHI.
If the vehicle has a current MOT certificate but you anticipate that on expiry of that certificate you will wish exemption from future MOTs you will at the time of relicensing be required to declare that the vehicle is a VHI.
How to tax your vehicle in the historic vehicle tax class:
Where vehicle keepers first apply for the historic vehicle tax class, it must be done at a Post Office.
If you are declaring that your vehicle is exempt from MOT, you will need to complete a V112 declaration form, taking into consideration the substantially changed guidelines, (as defined below). Further re-licensing applications, including making subsequent declarations that the vehicle does not require an MOT, can be completed online.
Further advice on taxing in the historic vehicle tax class can be found via the following link:
https://www.gov.uk/historic-vehicles
The criteria for substantial change
A vehicle that has been substantially changed within the previous 30 years will have to be submitted for annual MOT testing.
Whether a substantially changed vehicle requires re-registration is a separate process.
A vehicle will be considered substantially changed if the technical characteristics of the main components have changed in the previous 30 years, unless the changes fall into specific categories.
These main components for our vehicles are:
Chassis
Monocoque body shell including any sub-frames (replacements of the same pattern as the original are not considered a substantial change).
Axles including running gear– alteration of the type and or method of suspension or steering constitutes a substantial change.
Engine
Alternative cubic capacities of the same basic engine and alternative original equipment engines are not considered a substantial change. If the number of cylinders in an engine is different from the original, it is likely to be, but not necessarily, the case that the current engine is not alternative original equipment.
The following are considered acceptable (not substantial) changes if they fall into these specific categories:
Changes that are made to preserve a vehicle, which in all cases must be when original type parts are no longer reasonably available.
• Changes of a type, that can be demonstrated to have been made when vehicles of the type were in production or in general use (within ten years of the end of production);
• Changes in respect of axles and running gear changes made to improve efficiency, safety or environmental performance.
• In addition if a vehicle has been issued with a registration number with a ‘Q’ prefix or is a reconstructed classic vehicle as defined by DVLA guidance.
• Changing the general appearance of the vehicle body shell will be considered to have been substantially changed and will not be exempt from MOT testing.
However if any of the above types of vehicle is already taxed as an “historic vehicle” and has not been modified during the previous 30 years, it can be considered as a VHI.
This guidance is only intended to determine the testing position of a substantially changed vehicle, not its registration.
LCR Advice and Overview
As almost all of our vehicles now fall into this 40 year exemption category this is what you will need to do if you are responsible for a vehicle aged more than 40 years old at first registration.
From 20 May 2018 most of our vehicles will not need a valid MOT certificate to be used on public roads. You still need to keep the vehicle in a roadworthy condition and can voluntarily have a MOT test. We recommend continued regular maintenance and checks of the vehicle.
It is now your responsibility to check whether the vehicle has been substantially altered in the last 30 years, checking against the criteria (in the guidance above). If it has been altered substantially a valid MOT certificate will continue to be required.
If you are unsure check, for example with the LCR committee for guidance or historic vehicle examiners.
If you newly acquire a vehicle, we also recommend checking with the previous owner if you can.
The registration number of a vehicle should not be used to determine if the vehicle is a VHI as it may not reflect the vehicle’s age (cherished transfers, reconstructed classic vehicles etc.)
The registration certificate (V5C) is more authoritative, but there are also specific cases for example related to imported vehicles where in some cases the age of the vehicle would not have been captured at point of registration.
If your vehicle does not have a current MOT certificate and is exempt from needing an MOT test as of May 20th 2018 you will need to declare this each time when you apply for Vehicle Excise Duty.
Good Luck!
Andy M
Most of our vehicles first registered over 40 years ago will, as of 20 May 2018, be exempt from periodic testing (MOT) unless they have been substantially changed over the last 30 years.
Keepers of VHIs exempt from periodic testing continue to be responsible for their vehicle’s roadworthiness.
Keepers of vehicles over 40 years old can voluntarily submit vehicles for testing.
Keepers of VHIs claiming an exemption from the MOT test should make a declaration when renewing their vehicle tax.
The responsibility to ensure the declared vehicle is a VHI and meets the criteria, rests with the vehicle keeper as part of their due diligence. If a vehicle keeper is not sure of the status of a vehicle, they can consult a marque or historic vehicles expert.
If a vehicle keeper cannot determine that the vehicle has not been substantially changed, they should not claim an exemption from the MOT test.
How to declare a vehicle for the 40 year MOT exemption
Vehicle keepers are required to ensure that their vehicles are taxed when used on a public road.
From 20 May 2018, at the point of taxing a vehicle, the vehicle keeper can declare their vehicle exempt from MOT if it was constructed more than 40 years ago. When declaring an exemption, you will be required to confirm that it has not been substantially changed (as defined in the guidance below).
If the vehicle does not have an MOT and you wish to continue using it on the public roads, you will have either to undergo an MOT or, if you wish exemption from the MOT, to declare that the vehicle is a VHI.
If the vehicle has a current MOT certificate but you anticipate that on expiry of that certificate you will wish exemption from future MOTs you will at the time of relicensing be required to declare that the vehicle is a VHI.
How to tax your vehicle in the historic vehicle tax class:
Where vehicle keepers first apply for the historic vehicle tax class, it must be done at a Post Office.
If you are declaring that your vehicle is exempt from MOT, you will need to complete a V112 declaration form, taking into consideration the substantially changed guidelines, (as defined below). Further re-licensing applications, including making subsequent declarations that the vehicle does not require an MOT, can be completed online.
Further advice on taxing in the historic vehicle tax class can be found via the following link:
https://www.gov.uk/historic-vehicles
The criteria for substantial change
A vehicle that has been substantially changed within the previous 30 years will have to be submitted for annual MOT testing.
Whether a substantially changed vehicle requires re-registration is a separate process.
A vehicle will be considered substantially changed if the technical characteristics of the main components have changed in the previous 30 years, unless the changes fall into specific categories.
These main components for our vehicles are:
Chassis
Monocoque body shell including any sub-frames (replacements of the same pattern as the original are not considered a substantial change).
Axles including running gear– alteration of the type and or method of suspension or steering constitutes a substantial change.
Engine
Alternative cubic capacities of the same basic engine and alternative original equipment engines are not considered a substantial change. If the number of cylinders in an engine is different from the original, it is likely to be, but not necessarily, the case that the current engine is not alternative original equipment.
The following are considered acceptable (not substantial) changes if they fall into these specific categories:
Changes that are made to preserve a vehicle, which in all cases must be when original type parts are no longer reasonably available.
• Changes of a type, that can be demonstrated to have been made when vehicles of the type were in production or in general use (within ten years of the end of production);
• Changes in respect of axles and running gear changes made to improve efficiency, safety or environmental performance.
• In addition if a vehicle has been issued with a registration number with a ‘Q’ prefix or is a reconstructed classic vehicle as defined by DVLA guidance.
• Changing the general appearance of the vehicle body shell will be considered to have been substantially changed and will not be exempt from MOT testing.
However if any of the above types of vehicle is already taxed as an “historic vehicle” and has not been modified during the previous 30 years, it can be considered as a VHI.
This guidance is only intended to determine the testing position of a substantially changed vehicle, not its registration.
LCR Advice and Overview
As almost all of our vehicles now fall into this 40 year exemption category this is what you will need to do if you are responsible for a vehicle aged more than 40 years old at first registration.
From 20 May 2018 most of our vehicles will not need a valid MOT certificate to be used on public roads. You still need to keep the vehicle in a roadworthy condition and can voluntarily have a MOT test. We recommend continued regular maintenance and checks of the vehicle.
It is now your responsibility to check whether the vehicle has been substantially altered in the last 30 years, checking against the criteria (in the guidance above). If it has been altered substantially a valid MOT certificate will continue to be required.
If you are unsure check, for example with the LCR committee for guidance or historic vehicle examiners.
If you newly acquire a vehicle, we also recommend checking with the previous owner if you can.
The registration number of a vehicle should not be used to determine if the vehicle is a VHI as it may not reflect the vehicle’s age (cherished transfers, reconstructed classic vehicles etc.)
The registration certificate (V5C) is more authoritative, but there are also specific cases for example related to imported vehicles where in some cases the age of the vehicle would not have been captured at point of registration.
If your vehicle does not have a current MOT certificate and is exempt from needing an MOT test as of May 20th 2018 you will need to declare this each time when you apply for Vehicle Excise Duty.
Good Luck!
Andy M
