Can a manufacturer use a trade plate on a vehicle?

Trade Plates: Are They Still Relevant?

20/10/2007

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In the world of motoring, there are often situations where a vehicle needs to be moved from one location to another, but the usual requirements of taxation, MOT, and insurance are not met. One common scenario involves a vehicle that has been declared SORN (Statutory Off-Road Notification) and needs to be taken for an MOT test. The question then arises: can a garage's trade plates legally cover this situation? This article delves into the relevance and application of trade plates in the UK for such circumstances, exploring the legal framework and practical considerations.

Table

Understanding SORN and its Implications

Before we discuss trade plates, it's crucial to understand what SORN means. When a vehicle is declared SORN, it signifies that it is not being used or kept on a public road. This exempts the owner from needing to tax and insure the vehicle. However, this exemption comes with a strict condition: the vehicle must not be driven on a public road. If a SORNed vehicle is found on a public road without being taxed and insured, the owner can face significant penalties, including fines and court action.

What are Trade Plates?

Trade plates, also known as dealer plates, are special registration plates issued by the Driver and Vehicle Licensing Agency (DVLA) to motor traders, manufacturers, and repairers. They allow these businesses to move unregistered vehicles or vehicles that are not taxed or insured on public roads for specific business purposes. These purposes typically include:

  • Demonstrating a vehicle to a prospective buyer.
  • Moving a vehicle from a seller's premises to a buyer's premises.
  • Delivering a vehicle to a customer.
  • Moving a vehicle to or from a place of repair or testing.
  • Moving a vehicle to or from a car show or exhibition.

It's important to note that trade plates are not for personal use and must only be used by the authorised motor trader or their employees. The use of trade plates is governed by strict regulations outlined in the Vehicle Registration Procedures and Vehicle Registration Marks Regulations.

Can Trade Plates be Used for MOT Testing a SORNed Vehicle?

This is the crux of the matter. If a car owner has a SORNed vehicle that needs to go for an MOT, and they want to avoid insuring it until they know if it will pass, can a garage's trade plates be used to legally drive it there?

Generally, yes, this is a primary purpose for which garages use trade plates. If a vehicle is SORNed, untaxed, and uninsured, it cannot be legally driven on a public road under its own registration. However, if a garage has valid trade plates and is taking the vehicle to their premises for an MOT test or repair, they can legally use their trade plates for this journey. The key is that the vehicle is being used for the garage's legitimate business purposes, and the journey is directly related to preparing the vehicle for sale, repair, or testing.

Conditions for Using Trade Plates

While trade plates offer a solution, there are specific conditions that must be met:

  • The trade plates must be valid and currently registered with the DVLA.
  • The vehicle being moved must be owned or under the control of the motor trader.
  • The journey must be for a purpose permitted under the trade plate regulations, such as taking the vehicle for an MOT or repair.
  • The driver must be a bona fide employee of the motor trader.
  • The driver must carry the trade plate certificate and the vehicle's registration document (if available) when driving.

Crucially, the garage must be the one driving the vehicle to the MOT test using their trade plates. The car owner cannot simply borrow the garage's trade plates for their own use. The responsibility for the legal use of the trade plates rests with the motor trader.

Legal Driving Without Insurance (Under Trade Plates)

The scenario explicitly states the car is not insured. This is where trade plates come into play. When a vehicle is being driven on trade plates for a legitimate purpose by a motor trader, it is covered by the motor trader's general motor insurance policy that is linked to the trade plates. This insurance covers the vehicle while it is being driven under the trade plates, effectively bridging the gap for the owner who doesn't want to insure the vehicle unnecessarily before its MOT.

What if the MOT Fails?

If the vehicle fails its MOT, it cannot be legally driven on public roads again until it is repaired, taxed, and insured. The trade plates are only for the specific journey to and from the testing station or to a place of repair. If the vehicle needs further work at a different location, or if the owner decides not to proceed with repairs, the trade plates can be used to return it to the owner's property, but it must remain off-road until it meets all legal requirements.

Alternatives to Trade Plates

If a garage does not have trade plates, or if the journey is not covered by trade plate regulations, there are other legal ways to move a SORNed vehicle:

  • Trailer: The most common and legal method is to transport the vehicle on a trailer. This completely avoids the need for the vehicle itself to be taxed, insured, or have an MOT.
  • Recovery Vehicle: A breakdown recovery service can transport the vehicle to the garage.
  • Temporary Licence: While not directly applicable to a SORNed vehicle needing an MOT without prior insurance, for vehicles that are taxed but uninsured, or vice-versa, a temporary licence can sometimes be obtained, but this is unlikely to be the solution for a SORNed vehicle.

Table: Trade Plates vs. Other Methods

MethodLegality for SORNed vehicle to MOTInsurance Required (on the vehicle)Tax Required (on the vehicle)Cost Implications
Garage Trade PlatesYes, for the journey to/from MOT/repairNo (covered by trader's policy)NoCovered by garage service fee
Trailer TransportYesNoNoCost of trailer hire or service
Recovery VehicleYesNoNoCost of recovery service
Driving on Own Plates (Untaxed/Uninsured)NoNoNoSignificant fines and penalties

Frequently Asked Questions (FAQs)

Can I drive my SORNed car to the MOT test centre using my neighbour's trade plates?

No. Trade plates are personal to the registered motor trader and their business. You cannot borrow or use someone else's trade plates. The responsibility and legality are tied to the business that owns them.

What if the garage takes my SORNed car for MOT using trade plates, and it fails? Can I drive it back home on trade plates?

Typically, trade plates are for the specific purpose of taking the vehicle to be tested or repaired. If the vehicle fails and requires immediate repair, the garage might be able to keep it on trade plates for the repair duration. However, driving it back home from the test centre, especially if it failed and is not roadworthy, might not be covered by the initial trade plate journey. It's best to clarify this with the garage. Often, the most legal way to get it home after a failed MOT would be via trailer or recovery.

Does the vehicle need to be registered to the garage to use trade plates?

The vehicle doesn't need to be registered to the garage in the traditional sense. However, the garage must have lawful possession or control of the vehicle for a legitimate motor trade purpose. This could be through a purchase agreement, a repair contract, or similar.

Are there any specific types of garages that can use trade plates?

Trade plates are issued to bona fide motor traders, which includes car dealerships, independent garages, mechanics, and vehicle dismantlers who are registered with the DVLA for this purpose.

What are the consequences of misusing trade plates?

Misusing trade plates can lead to severe consequences, including the revocation of the trade plates, significant fines, prosecution, and potential bans from operating as a motor trader. The DVLA takes the misuse of trade plates very seriously, as it undermines road safety and tax collection.

Conclusion

In the specific scenario presented, where a SORNed, untaxed, and uninsured car needs to be moved to a garage for an MOT test, the use of the garage's valid trade plates is indeed a relevant and legal solution. It allows the vehicle to be moved on public roads for the essential purpose of testing or repair without the owner having to prematurely tax and insure a vehicle that may not pass its MOT. The key is that the journey is conducted by the motor trader using their own trade plates and under their insurance. For car owners, understanding these regulations can save them from potentially costly penalties and ensure their vehicles are moved legally and safely.

If you want to read more articles similar to Trade Plates: Are They Still Relevant?, you can visit the Automotive category.

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