New MOT legislation and more...

[Richardab1967]

tough as it may be to swallow for some, would SORN-ing your car be a wise idea as we head into winter? its not subject to being taxed, etc., and so while you wouldn't be able to use it for 12-24 months it gives you some peace of mind until things settle down and the outcome is clear..

Its worth considering. Luckily my re-tax is April so that gives me almost a year to see what happens to others before deciding what to do. If it turns out everyone is asked to declare mods not just people wanting MOT exemption, then when the following re-tax comes round I would SORN and sort out my issues rather than stitch myself up on a Government website.

[KS]

OK, so here's the reply from the DVLA to a guy's request for information about his car that's been converted to a pick-up. Good luck...

Thank you for your enquiry which has now been passed to me, due to its technical nature. It appears that there may be some confusion on your behalf as to how a vehicle of this type would be treated. I have therefore provided a full understanding of the requirements below.
When a vehicle is rebuilt or modified, its original identity can be called in to question. Have so many new or different parts been used in the rebuilding process that the original vehicle has been effectively broken up ? Could the vehicle be viewed as the "Ship of Theseus" ? To this end, the DVLA will inspect vehicles notified to them, that have been substantially rebuilt or modified, to decide if they can retain the original registration number allocated to them. It is a legal responsibility for the owner of the vehicle to notify the DVLA of such changes. If they decide that the vehicle has been modified, or substantially altered, from its original specification, but is not a kit conversion, a points system will be allocated to the major components to establish if the vehicle can retain its original registration mark. If the components score less than eight points, or a modified chassis or frame (or altered monocoque body shell) is used, the vehicle will require an Individual Vehicle Approval (IVA) test and will not retain its original identity or registration number. It will also be issued with a new chassis number which will start with DVLASWA.
It is worth pointing out at this point that there is a common misconception that once a vehicle is over ten years old it can be modified without the need for further approvals. Unfortunately, this is not the case. For a modified vehicle, the date of manufacture is taken as the date the vehicle achieves its new approval following modification. The original date of manufacture becomes invalid once a vehicle is radically altered.
In the case of this vehicle, I can only comment on the limited information you have provided. However, it would appear that this vehicle does fall in to this modified category of vehicle, due to the monocoque chassis modifications you have outlined. Because of this, the vehicle will have to meet the Normal IVA (NIVA) requirements. The standards applicable for NIVA are those contained in the relevant European Type Approval Directives. These require proof of compliance in 10 key areas, depending on the age of the vehicle. These are ;
I. Seat Belt anchorages
II. Protective steering
III. Noise and silencers
IV. Exhaust emissions
V. Brakes
VI. Seat Belt installation
VII. Co2/ Fuel consumption
VIII. Anti-Theft device
IX. Front impact protection
X. Side impact protection
Proof of compliance will be in the form of a chassis number specific letter from the vehicle manufacturers Homologation department (Vauxhall), confirming the European Directives the vehicle has been tested in accordance with. Unfortunately, because this vehicle has not retained its original unmodified chassis, this letter could not be provided. Alternatively, the vehicle could be tested at an independent test laboratory to the Directive standards. I have attached a link to the list of current companies authorized to carry out this work, below:
http://www.gov.uk/government/publica...ervice-for-iva
However, it is worth pointing out that each Directive test could cost in the region of two to three thousand pounds to complete and the vehicle will require at least seven of these tests.
There is however, also a category class of "modified production vehicle", which could be used in these circumstances. To qualify, documentary evidence that the vehicle was modified by the owner and it was for their own personal use, would be required. This would take the form of photographs of the work being completed by the applicant, together with invoices for all the major components used in the build. Assuming that this could be established, the vehicle would be subjected to a Basic IVA (BIVA) inspection which will involve the following tests;
I. Noise This checks that vehicle is fitted with a working and secure exhaust system. A noise limit of 99dBa is checked.
II. Emissions A check of the vehicles exhaust emissions to a level similar to current MoT standards.
III. Fuel Tanks Checks that all fuel tanks used to store fuel for the propulsion of the vehicle are suitable for their intended use. Gaseous fuel tanks will require certification to the required standards applicable.
IV. Rear Registration Plate space Simply checks the number plate position is satisfactory (for modified vehicles)
V. Steering Effort Checks the steering system is operating correctly.
VI. Door latches and hinges A simple check of doors and aperture covers fitted to the vehicle operate correctly.
VII. Audible Warning Checks the operation of the horn.
VIII. Indirect Vision An inspection to ensure that all obligatory mirrors meet the appropriate safety standards and offer an acceptable standard of rearward vision.
IX. Brake Systems A comprehensive check of the braking systems fitted to the vehicle, including design and construction, performance and suitability.
X. Electromagnetic Compatibility A simple check to ensure interference suppression equipment is fitted to the vehicle.
XI. Interior Fittings This is a check that the interior surfaces of the vehicle do not have any dangerous roughness or 'sharp edges' due to their exterior shape or design which are likely to be contacted by the vehicle occupants.
XII. Anti-theft / Immobiliser This simply checks that the vehicle is fitted with a functioning steering lock, or similar device to prevent the vehicle being driven away or moved under its own power.
XIII. Protective steering This checks that the vehicle is fitted with a steering control that provides adequate protection from injury to the driver during normal driving in the event of a vehicle frontal impact.
XIV. Seat Strength Checks that all seats fitted are suitable for use and that every outboard front seat is fitted with a head restraint. All optional head restraints fitted to seats will be checked for suitability.
XV. Exterior projections This is a check that the vehicle exterior does not have any 'sharp edges' that may cause further injury to a pedestrian when in collision with the vehicle.
XVI. Speedometer and reverse gear This checks that vehicle is fitted with a working and accurate speedometer (not checked during an MoT) and has a working reverse gear. The speedometer must be calibrated in miles per hour.
XVII. Statutory Plates Checks the vehicle is fitted with a manufacturers plate.
XVIII. Seat Belt Anchorages This is a comprehensive check of all the seat belt anchorage points fitted to the vehicle. Any modifications to the anchorage point will have to be supported by evidence that they now comply with seat belt legislation. The test also checks that the correct number and type of belts are fitted (this is not true for an MoT, where only the maintenance of the belt is checked)
XIX. Installation of Lights A visual check of all lamps and reflectors fitted to the vehicle for correct position, colour and visibility
XX. Retro Reflectors A visual check of all reflectors fitted to the vehicle for colour, number and correct position.
XXI. Position, Marker, Stop and Daytime Running Lamps A visual check of all Position, Marker, Stop and Daytime Running Lamps fitted to the vehicle for colour, number and correct position.
XXII. Direction Indicators A visual check of all Direction Indicators fitted to the vehicle for colour, number and correct position.
XXIII. Rear Registration Lamps A visual check of number plate lamps fitted to the vehicle for colour, number and correct position.
XXIV. Headlamps A visual check of all headlamps fitted to the vehicle for colour, number and correct position. Also headlamp aim is checked
XXV. Front and rear Fog Lamps A visual check of all Fog lamps fitted to the vehicle for colour, number and correct position.
XXVI. Reversing Lamps A visual check of all reversing lamps fitted to the vehicle for colour, number and correct position.
XXVII. Seat Belts This is a comprehensive check of all seat belts fitted to the vehicle. Any modifications to the belts will have to be supported by evidence that they now comply with seat belt legislation. The test also checks that the correct number and type of belts are fitted.
XXVIII. Forward Vision Checks that the driver has a full and unobscured view of the road to the front and forward of the near side and offside of the vehicle.
XXIX. Identification of Controls A check that all controls, tell-tales and indicators fitted to the vehicle are clearly identified.
XXX. Defrost / Demist This checks that the vehicle is fitted with a working system capable of defrosting and demisting the windscreen to allow the driver an adequate view of the road.
XXXI. Wash wipe This checks that the vehicle is fitted with a working system capable of automatically clearing and cleaning the windscreen to allow the driver an adequate view of the road.
XXXII. Wheel Guards A simple check to ensure the vehicle is fitted with adequate wheel guards.
XXXIII. Masses and Dimensions A check that the vehicle is operating within is design weights (especially critical where a vehicle has been fitted with extra seating positions).
XXXIV. Safety Glass This checks that all glazing is to the correct standard and securely attached to the vehicle.
XXXV. Tyres This checks that vehicle is fitted with the correct tyres and that they meet all applicable legislation.
XXXVI. Couplings A check that all towing devices (where fitted) are correctly installed and designed.
XXXVII. Frontal Protection System Checks that if fitted, a bull bar is 'e` marked.
XXXVIII.General construction This checks all aspects of the design and construction of the vehicle or its equipment such that no danger is caused or likely to be caused to any person in the vehicle or to other road users.
It is also worth pointing out that because the vehicle will have been converted to a pick-up, it is no longer a passenger vehicle. Because of this, you will be required to make your IVA application on a Goods vehicle application form. This is known as an IVA 1 LG form. I have attached a link to the current version of this form below:
IVA FORMS - www.gov.uk/apply-vehicle-approval
I do hope that you have found this information to be of use. However, if you feel that I can be of further assistance in this matter, please do not hesitate to contact me.

[Gary71]

Ouch.


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[smallspeed]

There's a lot of crap in that list which is neither law or mot requirement - it's bordering on a homologation document!

[Richardab1967]

There's a lot of crap in that list which is neither law or mot requirement - it's bordering on a homologation document!

Welcome to the BIVA !!

[Gary71]

...it's bordering on a homologation document!

It reads like full type approval from about 1987.

In hindsight that was a very simple task (for a new car), nowadays it is mind bending in its complexity and intricacies.

The certification team at Aston Martin was 2 people then and that included doing safety development (me!)... how times have changed.

All this feels like a downstream consequence of it getting so much harder at the manufacturers end.

Retrospective application seems wrong though, and poorly targeted.

As mentioned several pages back I still don't understand what problem this mess is the solution to.

We await the facts of the matter with interest...

[Tosh]

It does seem like a hell of a lot of hoops to jump through. Fine if your car is Trigger's Broom with an old chassis plate, but if you've changed the bristles, it's really a sledgehammer to crack a nut

[Bootsy]

Posted on the National Street Rod Association site:

"After many phone calls PM and Emails I understand why people are getting so upset about the MOT legislation changes.

Everyone is worried about 'substantial changes ' being only 15% power to weight change .


This is NOT Radically altered as shown in DVLA system.


This change is PURELY for MOT purposes and is NOTHING to do DVLA identity issues.


The last changes to DVLA inspection issues were 12 years ago and done by Public Consultation.


I was asked at that time to try and create a Street Rod class.

Having followed informed and advised since the inception of this 'Roadworthiness' document in EU Parliament it has ALWAYS been made clear that any definition of VHI was ONLY for the purposes of MOT NOT identity.

I could go off and find the documentation to prove this but if you chose not to believe that's fine by me ,carry on panicing.

Again I have broken my promise to myself to not post on any public media .

I have only done this to try to bring some clarity."

[KS]

Correct - engine output increase alone does not affect tax exemption. Just requires annual MOT. Similarly, does not mean BIVA unless other changes made that affect 8-point ruling.

[BILLY BEAN]

Correct - engine output increase alone does not affect tax exemption. Just requires annual MOT. Similarly, does not mean BIVA unless other changes made that affect 8-point ruling.

So power increase good! Wider rear wheel arches bad?

Is it only me that is getting increasingly confused? But I have an excuse I am much, much older than KS (he is just a whipper snapper).

[KS]

Yes, the critical thing is if fitting those wide arches is considered to be cutting into the chassis/monocoque/unibody. That we won't know until a test case comes along...

[Bootsy]

Sit tight, wait for further guidance and legislation, test cases etc. and then you'll know what you're up against or not.

I'll quote the Serenity Prayer (not that I'm religious)

Grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
And wisdom to know the difference.

In the meantime this was an interesting view on a Hot Rod forum...

"Fundamentally nothing has changed other than, if your car is over 40 years old, you can have the benefit of not needing to have an MOT, UNLESS you have 15% extra power or more.

In which case NOTHING changes. Take car for MOT. Job done.

If your car falls foul of the 8 point rule, NOTHING has changed. Rules been there for nearly 30 years. If you have been ignoring it upto now, and you are comfortable with that carry on ignoring it?

Where they have been clever, in my opinion, is that you will now, annually, have to state if it is or is not modified.

So you now cant say you didn't understand or know about the 8 point rule.

All this talk of vehicles being examined etc, is just that. There is not the systems or resources. Its self policing. You have to fess up, or lie. But lie and if it all goes pear shaped and you kill a bus stop full of people. they have got you!"

[KS]

Sadly that last line is not strictly true - cars ARE being pulled for testing already, some having their V5s revoked. But it is true that the 8-point system has been in place since 1988 but DVLA/VOSA has not been very diligent about it up until now. The self-declaration aspect is a can of worms. It has been suggested that if you declare your car is eligible for MOT exemption then you will need to complete the V765/1 form, which means getting somebody from a recognised club (in the case of Porsches, the only club recognised by DVLA is PCGB) to sign that the vehicle meets the definition of 'historic'. What precisely happens if your declare your pre-1978 vehicle has been modified is at present one of the great unknowns.

Sit back and see what happens is one option. Let's just hope that if a test case does come about, it isn't one of our own that's involved.

[DustyM]

Yes, the critical thing is if fitting those wide arches is considered to be cutting into the chassis/monocoque/unibody. That we won't know until a test case comes along...

When Porsche built the first 930s they cut the arches out of narrow arch wings and the wider arches were welded on with a visible weld left on the underside.

Good enough for them........

[KS]

Yes, the critical thing is if fitting those wide arches is considered to be cutting into the chassis/monocoque/unibody. That we won't know until a test case comes along...

When Porsche built the first 930s they cut the arches out of narrow arch wings and the wider arches were welded on with a visible weld left on the underside.

Good enough for them........

Agreed - just remains to be seen if the people that make the decisions agree, too.