Isn’t it a criminal offence not to display a tax disc, but a civil offence not to display a CURRENT tax disc ?
In which case leave the old one in and let the gaffer argue the toss with the DVLA if and when
Saratoga:
If you goto the ‘DirectGov’ website and chose the ‘online motoring’’ section there is a page there that lets you check the tax status.
taxdisc.direct.gov.uk/EvlPortalApp/ That might take you to the right place.
Put in your vehicle registration and the make and it will tell you some info.
You can also use AskMid to check the insurance on the vehicle too. For MOT I think you need more information, such as the vehicle registration document’s reference number.
If it’s not taxed then let your boss know by sms/text BEFORE you get to the yard, you can even point out you’ve checked it online and better to be safe than sorry. At least you’re giving him a chance to get it sorted or get something sorted.
As I said in my last post, I have checked with the DVLA web site and it appears to be taxed…
The office is aware of the situation as stated in the original post…
The issue I’m concerned with is"failing to display" On Monday it will be 13 days with no disc…
It wont flag on ANPR if it is taxed regardless of whether the disc is displayed or not.
The offence is failing to display a current disc for which the driver is liable for as well as the company.
A current tax disc must be displayed on the vehicle it was bought for. If you buy a new tax disc before your current tax disc expires, you should not display the new one until the old one has expired. The new tax disc is only valid from the first day of the month you have taxed from. The maximum penalty for failure to display a current tax disc is £200. The tax disc can not be transferred between vehicles.
If you use the electronic vehicle licensing service or tax by post at the end of the month, there’s now an exemption for not displaying a tax disc. This exemption covers the first five working days of the month to allow time for the new disc to arrive in the post. While you are still waiting for your tax disc you will need to display your current tax disc. The exemption only applies if applications are made before the current tax disc or SORN expires.
MrHappy:
Sorry, i;ve had to come back to this one again. At the moment, half the reason our industry is going down the pan is because of the health and safety wallahs who insist on all manner of ■■■■■■■■, with some new rules seemingly appearing on a weekly basis. You can barely move in the hiab side of things for paperwork, but thats a different argument. If your TM says its in hand, then take his word for it, whats the worst that could happen? If you get spotted on an ANPR camera the fine will come back to the company anyway, not you. If you’re that worried, get your TM to give you something in writing to say that as far as the company is concerned, the vehicle is taxed. Over the years, i’ve had drivers refusinng to take vehicles out for all manner of reasons. I’ve had a vegan refuse to drive a truck with leather seats. I’ve had one refuse to drive one with a miniscule chip in the windscreen that had just passed an M.O.T. Some of these fellas don’t realise what the effect of their actions can be, in some cases they’re helping an already sinking ship take on water a bit faster.
Its not as if he’s asking you to drive a motor with a serious defect or something, so crack on and lets go to work.
I’m not looking to cause trouble or an excuse not to take it out…
Well aware of the “over the top Health and Saftey” Bull that goes with the job, and often bend the rules to get the job done while being well aware of the saftey for myself and others.
I love the job and love going to work, Its always a challange. I’m full time on the transport and stacking of cabins with a pm 65tm crane with 8 extensions, so know what you mean about hardley being able to move with the ammount of paperwork. Cert checks, method statements, risk assesments, harnesses etc…
Just looking for an answer to the question, Is it legal to take it out with no disc after 13 days. Even if it is taxed? I thougght the offence was failing to display? Thought 13 days would be plenty of time to get hold of a disc…
I would suggest that what’s happened is that the office have taxed it when due & received the disc in the post. They have then mislaid it.
You have correctly brought their attention to it & they have, when they had time & finally decided they couldn’t find the original new disc, sent off for a replacement - which should arrive fairly swiftly.
I can well imagine your suprise on returning to the vehicle after some days off it to find the the expired disc still displayed.
Just as yourself, I would be torn between being loyal to a good employer & applying the law to the letter.
Yes indeed there is an offence of failure to display, but in these days of technology when its tax status can so easily be checked upon, I think it highly unlikely you’d be finding yourself up the creek without a paddle, especially as it isn’t your vehicle.
Do keep that text from your PM in your mobile, its as good as the letter somebody above referred to.
Not exactly sure of his standing, but a PM to our member Geebee to ask his opinion on this might worth a shot.
As has been said, it won’t flag on ANPR cameras because it IS taxed and the disc on an LGV, displayed at the height it is, is rarely looked at unless involved in an accident or spot check.
Reminds me of a day 20 years ago when I was out teaching in an HGV. Tax disc was one day out & I hadn’t noticed. (I was young & ignorant - that’s my excuse & I’m sticking to it).
Lady trainee asked to pull up by a phone box as she needed to make a call. OK no problem. (no mobiles then for poor people). Then she said we needed to stay parked a few minutes and await a return call.
Next thing plod turns up - that was who she’d called! Was regular plod, didn’t even know where to look for the weight plate. It HAD been taxed. Nothing came of it and I got the impression the young plod thought he’d rather had his time wasted.
Vehicle Excise and Registration Act 1994, section 33
(1)A person is guilty of an offence if–
(a)he uses, or keeps, on a public road a vehicle in respect of which vehicle excise duty is chargeable, and
(b)there is not fixed to and exhibited on the vehicle in the manner prescribed by regulations made by the Secretary of State a licence for, or in respect of, the vehicle which is for the time being in force.
It does appear that the plod will give a bit of grace if the first part is OK but the disc is yet to arrive. I’ve personally refused to take a wagon out coz the disc had expired. They said it was on it’s way, but this was an agency job with a co I hadn’t worked for before. Why would I trust them?
Well, for anyone interested this is what happened…
Got to the yard, fueled up, checks etc… Went to the office and one of the directors was there, to early for the TM. I explained the situation, waited for 10 mins while they went through the vehicle folder and found a copy of a application for a duplicate tax disc. I was asked if a copy of it and a note would be ok, i told them just a copy of the application for a duplicate disc would be fine. Was told the DVLA had lost a load of the discs and they had applied for a duplicate… No problem, off I went, days work, all went well for a change, even got a cuppa from 1 drop! and back to the yard…
I got back to the yard and one of our drivers had finished early and been doing errands in a van. Parts, cheque collection etc… he had also been up to the DVLA office and had my tax disc! Something seems amiss somewhere but got the disc now anyway…
Thanks for the replys…
Wouldn’t of stopped me taking it out, as you can’t get points for no tax, but the boss would of been paying my fine if got one, i would of squared that first though