Company vehicle without Tax

[sparky-d]

Hi All,

I have a company vehicle that was supposed to be taxed in August 09 but was declared SORN by mistake by a leaving PA.

I have had to use it up until now, constantly reminding my directors to get tax. Still without tax in January 10 and now decided that I'm tired of worrying everytime I go out with the vehicle.

I am a registered driver for the vehicle on the directors insurance. I have decided not to use the vehicle until it is Taxed and declared Off Sorn.

I am a tradesman and need the vehicle. No vehicle , no work.

I am in a predicament. Can anyone tell me the implications of me driving the vehicle and what would happen in a situation of me being pulled and penalties imposed either to me or to the director?

I have currently decided to not use the vehicle until all this is resolved. Its a risky gamble but something I feel strongly about.

All advice given is appreciated.

[Teleph0ne]

Tax is the responsibility of the registered keeper of the vehicle so you will not be prosecuted for driving without it. you will not lose your license or get points. The company directors may get a fine though but that's not your problem

[pauln90]

You are guilty of driving a vehicle withiout a valid excise licence and could be prosecuted, as could the director /fleet manager responsible for the company cars. Details would be passed to the DVLA who make the decision whether to prosecute or not.The vehicle could also be impounded and subsequently crushed.

[scotchollie]

Having no tax also invalidates any insurance, so if you have a prang and you're the guilty party, then it could be a major problem. Basically, if it ain't legal to be on the road, then you aren't either when you drive it. And, if you drive it, clearly knowing it isn't road legal, isn't that making it worse?

[123everton]

Highly illegal, you must refuse to drive the vehicle as part of your first use check.
As the driver you are responsible for all things relating to the operation of the vehicle the tyres, the brakes, the lights, the insurance, construction etc etc.
Speak to your union steward.

[factor-fiction]

Yes, telephOne is incorrect. Are you a paid employeee? Are you saying you don't get paid when you don't work?

[123everton]

He's a tradesman, might be piece work rather than a day rate.

[Panic Button]

Why have you waited until January to refuse?

I would have refused in August 09.

They need you to work, and if you are unable to get there, they will surely act pretty quickly.

[Teleph0ne]

I had the same problem with a company a while back, I got stopped by the police on 3 occasions and did not get prosecuted. The company got fined and eventually taxed it, your insurance is not void, you will not get prosecuted unless you get a particularly awkward police person that does you for not displaying a tax disk which is a very minor offence. They are also starting to tow away untaxed vehicles so don't keep to much stuff in there that you dont want to lose. But in order to keep your job in a very dodgy economic climate, I would continue to drive it in order to keep earning money. If it gets towed away then it's their problem, just tell the police that they told you they are taxing it and that they are going to give you the tax disk when you are next at the office

[cherrychapstick]

you are responsible for the tax as you are driving the vehicle , refuse to drive the vehicle under no circumstance should you get back into it without it having road tax ,its just the same with the mot as the driver you should know if it has an mot certificate (only mentioning this as you have said the veichle was declared sorn what was the reason for this?)

[Teleph0ne]

The driver is not responsible for tax, the registered keeper is. MOT and insurance are the responsibility of the driver as is the condition of the vehicle. no tax is not even a criminal offence, it is a civil offence dealt with by the magistrates court and the person prosecuted would be the registered keeper. you could only be prosecuted for non display of a valid tax disk which is a minor offence

[cherrychapstick]

yes but can still be done with not displaying it i wouldn't take the chance but you would ,well sparky it's really up to you now take the chance and get some work and possibly an £80 fine if teleph0ne is correct and you end up getting stopped with a grumpy policeman or stand your ground and get the tax sorted out ,then you dont have to worry any longer about driving it

Good luck

Cherry

[Teleph0ne]

I expect you will lose a lot more than £80 sat at home worrying about it. If you compare the possibility of an £80 fine or a weeks wages then I would say its a bit of a no brainer!

[magicmerlin]

Are you sure the leaving PA made a mistake or was it done on purpose to get his/her own back for whatever reason.

I can't see how anyone who is intelligent enough to be a PA could do this by mistake (but then again I do know a PA who at times seems to leave her brain/common sense at home).

[Teleph0ne]

a PA is only a personal assistant, I dont see why you would have to be amazingly clever to be one, unless you were alan sugars pa or something like that but in general its not brain surgery!