Board logo

When's a car become a car?
joneh - 15/4/16 at 05:00 PM

Say I need to clear my garage and driveway to get a wheelbarrow through and need to put my unregistered, uninsured or taxed kit car on the road.

From the eyes of the law, when do our piles of car parts become cars that shouldn't be parked on the road?

bi22le - 15/4/16 at 05:14 PM

I had a similar argument with my home insurance provider recently. Apparently its when it has, or can have, wheels on it!!

jps - 15/4/16 at 07:00 PM

quote:
Originally posted by joneh
Say I need to clear my garage and driveway to get a wheelbarrow through and need to put my unregistered, uninsured or taxed kit car on the road.

From the eyes of the law, when do our piles of car parts become cars that shouldn't be parked on the road?


I guess another way of looking at it is "is it an offence to leave a pile of scrap on the public highway" (no offence intended regards your build of course!)...

If someone has a problem with what you're doing, they'll probably be able to find a bit of law they can say you are breaking, it might not be 'having an untaxed vehicle on the road' if your car isn't known to DVLA, but it could be 'littering'!!...

YQUSTA - 15/4/16 at 07:31 PM

If your council/local plod is anything like ours round here or the DVLA for that matter you are safe as houses as none of them care or want to take responsibility for the removal of a car.

I reported an untaxed/uninsured car parked outside my house then reported it again when it was made sorn and the private plate taken from the car on the systems and it stayed there for a good 4 weeks, either someone got in contact with the owner or he decided to move it of his own accord. When i spoke with the police they just said not our problem speak to the DVLA.

owelly - 15/4/16 at 07:38 PM

The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads".
However, it can still be a motor vehicle with no engine as it was intended to have one!!

loggyboy - 15/4/16 at 07:40 PM

The case law used for things like go karts and motorised toys is something like 'anything that a layman would consider a motorvehicle'

ETA

Burns v Currell (1963) 2 QB 433, 440, namely, whether a reasonable person looking at the vehicle would say that one of its users would be a road user.

[Edited on 15-4-16 by loggyboy]

Sam_68 - 15/4/16 at 07:42 PM

quote:
Originally posted by jps
I guess another way of looking at it is "is it an offence to leave a pile of scrap on the public highway" (no offence intended regards your build of course!)...


This.

If it's on an adopted public highway, it's either a motor vehicle (in which case you'll be done if it's not taxed and insured) or it's an Obstruction to a Public Highway.

I'd suggest that for it to become a motor vehicle, it needs both an engine and wheels.

Without an engine, they'd struggle to claim it's a motor vehicle, so provided you don't leave it there long enough to be regarded as an obstruction, you should be OK.

adithorp - 15/4/16 at 08:31 PM

quote:
Originally posted by loggyboy
'anything that a layman would consider a motorvehicle'



Think the legal term is "...man on the Clapham omnibus..."

cliftyhanger - 16/4/16 at 05:07 AM

But to put it in perspective, nobody worries if a delivery of building materials is left kerbside for a day or two.
Pop it outside, a tarp over it, and do the job as fast as possible.