Untaxed Car Towing: The AA's Stance

Can the AA Tow an Untaxed Car? Understanding the Policy

It's a frustrating situation, and one that many motorists may not anticipate until they're faced with it. You've bought a vehicle, it breaks down, and the breakdown service you rely on refuses to help because the car isn't taxed. This is precisely the predicament Stephen Mort found himself in when his recently purchased Mercedes-Benz SLK refused to start, leaving him stranded 20 miles from home. His request for the AA to tow the vehicle to the dealer was met with a refusal, citing the car's untaxed status. Stephen, like many, was unaware of the nuances of modern road tax procedures, particularly concerning newly acquired vehicles. He believed the obligation to tax the car would commence once the log book (V5C) returned from the DVLA. This misunderstanding, coupled with the AA's strict policy, left him in a difficult position, necessitating him to arrange and pay for an alternative towing service. He questions the AA's designation as the "4th Emergency Service" when faced with such a refusal, especially considering the potential dangers of being stranded. So, can the AA tow an untaxed car? The short answer, based on Stephen's experience and the AA's stated policy, is no, they will not tow an untaxed vehicle. Let's delve into the reasons behind this policy and what it means for drivers.

The Legalities of Untaxed Vehicles

It is crucial to understand the legal framework surrounding untaxed vehicles in the UK. Since the abolition of Vehicle Tax discs (the physical stickers), the responsibility for taxing a vehicle has become entirely digital. This means that a vehicle must be taxed or have a Statutory Off Road Notification (SORN) in place to be legally kept on a public road. Driving, or even leaving a vehicle untaxed on a public road, can result in penalties, including fines and clamping. However, there's a common misconception that towing an untaxed car is illegal. This is not entirely true. It is not illegal to tow an untaxed vehicle from one private place to another, or from a public road to a private place, provided it is done so without using the public road as a thoroughfare. For example, towing a car from your driveway to a garage on the same private land is permissible. The issue arises when the untaxed vehicle needs to be towed on public roads to a different location.

Why the AA Refuses to Tow Untaxed Cars

The AA's policy stems from a combination of legal liability and operational considerations.

• Legal Compliance: While towing an untaxed vehicle between private locations might be permissible, towing it on public roads presents a significant risk. The AA, as a professional recovery operator, must ensure that all its operations comply with UK road traffic laws. Towing an untaxed vehicle on a public highway, even if it's being towed, could potentially be interpreted as facilitating the use of an untaxed vehicle on a public road, which is illegal. To avoid any potential legal repercussions or accusations of aiding and abetting an offence, the AA adopts a strict no-tow policy for untaxed vehicles on public roads.
• Insurance and Liability: The AA's insurance policies and their own internal liability assessments likely play a significant role. Towing a vehicle that is not legally compliant on the road could expose them to increased liability if an incident were to occur during the recovery process.
• Operational Efficiency: The AA's patrols are equipped and trained to handle a wide range of breakdowns. However, they are not typically equipped or licensed to handle the complexities of recovering and transporting vehicles that are not roadworthy or legally compliant. Their primary role is to get members moving again, or to safely transport broken-down vehicles to a place of repair.

What About a Car Purchased from a Dealer?

Stephen's situation highlights a common oversight. When you purchase a vehicle from a dealer, the responsibility for ensuring it is taxed falls on the buyer from the moment ownership transfers. While the dealer might handle the V5C registration process, they are not legally obligated to tax the vehicle on your behalf. The new keeper must tax the vehicle before driving it on a public road, regardless of whether they have received the V5C. Driving a newly purchased, untaxed vehicle from the dealership, even if it breaks down immediately, is technically an offence if it's on a public road. In Stephen's case, although he had just bought the car and it had a warranty, the vehicle was untaxed. Therefore, the AA's refusal to tow it on public roads, even to a dealer for repair, aligns with their policy.

Alternatives When Your Car is Untaxed and Broken Down

If you find yourself in a similar situation where your untaxed vehicle breaks down, and the AA (or another breakdown service with a similar policy) refuses to tow it on public roads, you have a few options:

• Arrange Private Towing: As Stephen had to do, you can hire a private towing company. These services may have different policies regarding untaxed vehicles, especially if they are simply transporting the vehicle to a garage. Ensure you discuss the vehicle's tax status upfront.
• SORN the Vehicle: If the vehicle is not going to be used on public roads at all, you should declare it as off the road using a Statutory Off Road Notification (SORN) with the DVLA. This exempts you from the requirement to tax it. However, this means you cannot drive it on public roads until it is taxed again.
• Tax the Vehicle Immediately (If Possible): If the breakdown occurs very close to home or a place where you can immediately tax it online or at a Post Office, this might be an option. However, this is often not practical when stranded roadside.
• Check Your Breakdown Policy: While the AA has this policy, it's always worth double-checking the specific terms and conditions of your breakdown cover. Some providers might have slightly different approaches, although the legal implications remain the same.

The "4th Emergency Service" Debate

Stephen's frustration with the AA's refusal and his questioning of their "4th Emergency Service" moniker is understandable. When you're stranded, you expect assistance. However, the AA's role, while invaluable, operates within legal boundaries. They are a recovery and assistance service, not a direct emergency response in the same vein as the police, fire brigade, or ambulance services. Their inability to assist with an untaxed vehicle highlights the importance of being fully compliant with road tax regulations at all times. It's a stark reminder that roadworthiness and legal compliance are paramount. While a breakdown is an unfortunate event, being caught with an untaxed vehicle adds another layer of complication.

Common Misconceptions and Best Practices

Let's clarify some common misunderstandings:

Best Practice: Always ensure your vehicle is taxed before driving it on a public road. Even if you've just bought it, tax it immediately. Keep your V5C document updated and understand your responsibilities as a vehicle owner.

Frequently Asked Questions

Q1: Is it illegal to tow an untaxed car?A1: It is not illegal to tow an untaxed car between private properties or from a public road to private property, provided it does not use public roads as a thoroughfare. However, it is illegal to drive or leave an untaxed vehicle on a public road. Q2: Why won't the AA tow my untaxed car?A2: The AA's policy is not to tow untaxed vehicles on public roads due to legal compliance, insurance liabilities, and operational considerations. They aim to avoid any association with or facilitation of illegal activity. Q3: What should I do if my untaxed car breaks down?A3: You will likely need to arrange private towing. Ensure the towing service is aware of the vehicle's untaxed status and that they can legally transport it to your desired destination. Alternatively, if the vehicle is on private property and stays on private property, towing might be permissible. Q4: Do I need to tax a car I just bought from a dealer?A4: Yes, you are legally required to tax a vehicle before you drive it on a public road, even if you have just purchased it from a dealer and haven't received the V5C yet. Q5: Can I SORN an untaxed car if it breaks down?A5: Yes, if the vehicle is not going to be used on public roads, you can declare it SORN. However, this will not help with immediate roadside recovery if it needs to be towed via public roads. In conclusion, while the AA provides invaluable roadside assistance, their services are contingent on the legal compliance of the vehicle. Stephen Mort's experience serves as a crucial reminder for all drivers to stay informed about road tax regulations and to ensure their vehicles are always taxed and roadworthy. Being prepared and compliant can save you a great deal of stress and unexpected expense when the unexpected happens.

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