English vehicles

I believe with a voluntary ITV they issue a certificate but do not stamp it also you do not get the sticker for the windscreen

Every vehicle registered in the United Kingdom (UK) must be taxed if used or kept on a public road

To tax your vehicle you’ll need an MOT test certificate (if your car or motorcycle is over three years old)

(source: http://www.direct.gov.uk/en/Motoring/OwningAVehicle/HowToTaxYourVehicle/DG_10021514)

To me, this means that a UK registered car, regardless of where in the world it is, must have a valid MoT and tax disc to be road legal.

My insurance clearly states in the limiting clauses that cover will be excluded "when there is a breach of the legal obligations of a technical nature regarding the vehicle's roadworthiness". I accept that a "voluntary ITV" may prove a car is roadworthy according to Spanish regulations, but I very much doubt that it would be recognised in the UK, in a legal sense. So a UK registered car with no valid MoT but a current ITV would in my book be "in breach of the legal obligations" to be on the road, and knowing the nature of insurance companies, in the unfortunate event of having to make a claim, I would be very pessimistic about getting paid out. I would never dare interpret the fact that an insurance company has happily accepted my money as meaning I am covered. It is my responsibilty to ensure I meet all the conditions of the cover I have contracted, not theirs. 

When a vehicle registered in the United Kingdom (UK) is taken out of the country for 12 months or more, it’s regarded as being permanently exported from the UK.

Your vehicle will become subject to the legal requirements of the new country when exported.

(source: http://www.direct.gov.uk/en/Motoring/BuyingAndSellingAVehicle/ImportingAndExportingAVehicle/DG_4022582)

Seems pretty clear to me what the legal position is.

Techno: yes, I agree, they need to speed up harmonization on this as EU citizens are increasingly mobile. Don't hold your breath, you're more likely to come across the elusive Irish 11 euro note before it happens.

davmunster: good luck to the guy, sounds like a nice little scam he's got going. The ITV is so easy to do yourself, there's really no point paying someone to do it for you unless you are just plain lazy. If it's case of you not being confident enough to deal with the Spanish system, you should perhaps question your competence to drive on Spanish roads at all. And what's with "pre-ITV" inspections? Someone charges you to check your lights and horn work? They're going to test everything at the ITV station, and anything they find wrong, you can get fixed and return for a free re-test. Yes, OK, that would involve two trips to the ITV station, but it would cut out one to a cowboy mechanic, and cost you far less. I don't get it.

At the end of the day, I think everyone here knows what they should do, but for some reason that I don't understand, there's an overwhelming desire to avoid doing it. It seems to me that some people derive some satisfaction out of feeling as though they've got one over the "system" .

Roberto - My insurance clearly states in the limiting clauses that cover will be excluded "when there is a breach of the legal obligations of a technical nature regarding the vehicle's roadworthiness".

Hi Roberto. Who do you insure with? I'd like to have a squiz at their policy documents. Thanks. G

Linea Directa

Linea Directa (which used to be owned by Direct Line in the UK but is now independant) market themselves as offering insurance for UK registered vehicles. If Roberto's interpretation of their policy is correct they are actively selling worthless insurance. It is a grey area and if you want to be sure you should either have a UK MOT and Road Fund licence or change to Spanish registration \ ITV.

At the end of the day, I think everyone here knows what they should do, but for some reason that I don't understand, there's an overwhelming desire to avoid doing it. There is a very simple reason why people prefer to keep their UK plates in Spain and that is cost.

We could debate this until the cows come home but we still don't have anyone posting who has had an accident in a UK plated car with voluntary ITV and insurance so we really don't know if the insurance companies are satisfied with the voluntary ITVs or not.

Roberto. The Linea Directa website is primitive - the links of the so-called English website are in Spanish, and there doesn't seem to be any way, even in Spanish, for a potential customer to examine their policies.

The clause you quote - cover will be excluded "when there is a breach of the legal obligations of a technical nature regarding the vehicle's roadworthiness" - would be unenforceable in UK and an insurance company wouldn't put such nonsense in a policy. Linea Directa are arrogating themselves the right to cancel your cover in the case of them discovering your tyre tread is low on one wheel, that your windscreen washer tank is empty, that one of your brake light bulbs has failed. etc. This means your cover is worse than useless - as it might give you a false sense of security.

But this is Spain, the country we love, of fabulous countryside, friendly people, wonderful climate, etc. Also the country of corrupt lawyers, conniving judiciary & banks that weasel on bank guarantees. So why would one be surprised that  Spanish insurance companies would try to sidestep their obligations? Of course, one could always get a speedy resolution in court by suing them for breach of contract, right?

I rarely go to bat for the UK, but they wrote the book on insurance and the rule of law. The FSA regulate insurance, and if you have a problem you can go to the ombudsman. I quote from the ombudsman below.

http://www.financial-ombudsman.org.uk/publications/technical.htm#insurance

13. roadworthiness

Most motor policies contain an express requirement that the vehicle must be maintained in a roadworthy state. If so, where there is good evidence that the loss or damage was caused (or substantially contributed to) because the vehicle was unroadworthy, we are likely to consider it fair for the insurer to reject the claim.

In other cases, the insurer might reduce the payout on the basis that the vehicle was not in good condition. If so, where there is good evidence that the vehicle would have failed an MOT test, we are likely to consider it fair for the insurer to take this into account in assessing its value.

Capiche, Roberto?

"My insurance clearly states in the limiting clauses that cover will be excluded "when there is a breach of the legal obligations of a technical nature regarding the vehicle's roadworthiness". I accept that a "voluntary ITV" may prove a car is roadworthy according to Spanish regulations, but I very much doubt that it would be recognised in the UK, in a legal sense. So a UK registered car with no valid MoT but a current ITV would in my book be "in breach of the legal obligations" to be on the road, and knowing the nature of insurance companies."

Your MOT or ITV is only valid and correct the moment it is signed. As you drive away from the testing station a brake light might fail, a month later your tryes might have been damaged on a kerb or be below the legal tread limit. This clause would invalidate your insurance if someone ran into you and wrote your car off  but you would still have a legal and valid MOT or ITV. This must contravene the Spanish and european laws on unfair contract terms.

I see your points about road worthiness, and that a valid MoT or ITV does not prove this. I took the "legal obligations of a technical nature regarding the vehicle's roadworthiness" to mean whether or not it has a valid MoT or ITV. Without a valid test certificate, the car is surely not deemed road legal?  In other words, you have not fulfilled the legal obligations. Maybe I've got this all wrong - are insurance companies obliged to pay claims even if they find out that you or your vehicle are not legally entitled to be on the road?

I agree that an untaxed car is not road legal but you don't have tax discs in Spain. Is it possible that if you have a V5 registration document and a voluntary ITV that neither Spanish police or insurance companies check if, or are concerned whether, the vehicle is actually taxed?

Yes, it's perfectly possible, even probable. And I get your point. Also about cost of re-registering. Browsing around the DVLA info, I think it costs 55 quid to register a car brought into the UK from another EU country. Another case of the EU not functioning as it should, and Spain shooting itself in the foot. Make it cheaper and easier to register a car brought from the UK or elsewhere, and I'm positive they would see a huge increase in revenue from this source, all the foreign plated cars re-registered, all doubt and confusion removed and the end to these debates.

Personally, I still prefer to be safe rather than sorry, and would not take the chance of driving a UK reg vehicle with no valid tax or MoT,  just to save a few hundred euros.  And anyway, if I couldn't afford to re-register the car, I doubt if I would spend hundreds driving / ferrying it down here in the first place.

Roberto

I have said that before if only you could just do it all at one place. It takes about 2 weeks on a leisurely basis to get around, find the offices & opening times and complete present all forms and move on to next stage.

Otherwise you pay the ex-pat types who charge EUR1,500 or thereabouts.

I do believe most would re-register if the process was easier and less expensive.

But this applies to everything in Spain and why we have such a thriving cash economy!

Have been reading your posts with interest.  We have been looking for someone to register our UK car that 'resides' in Spain onto Spanish plates on our behalf but have drawn a blank.  We are in the La Manga, Murcia area.  Can anyone recommend someone to do this on our behalf?  Due to the nature of the advertising rules I guess this would need to be a private reply. Cole

why not just do it yourself?

We could give you some pointers

We don't actually live in Spain & only manage about 5 trips a year for 2 weeks each time.  From the forum I see that the process can be very drawn out & I'm not sure my GCSE level Spanish would be sufficient! Cole

A Slightly different problem but we are bringing our UK car down to Spain for 6 months 3 days this summer and then will be returning to the UK.  We have a problem with our UK car insurance because they will only let you take the car out of the UK for 3 months at a time on that insurance.  Fortunately it is 3 months in each renewal year and our insurance is due for renewal during our trip.  Unfortunately it isn't exactly at the half way point so we are 5 weeks short of insurance!  Does anyone know a UK insurance company that would insure a car in Spain for a short period of time?

thanks

There has been much talk and speculation on this topic over the years!

However, I cannot understand how you can get an ITV on a UK registered car!

You can but you don't get the sticker.

During the process of re-registering a UK car you can have an ITV inspector pre-inspect the car, but they won't give you an actual ITV certificate until it is on Spanish plates!

Here where I live I just go in give them the registration document & tell them I want to matriculate on to spanish plates. They do an ITv, take all the details , & assuming it passes, I return in the afternoon & pick-up the 'ficha tecnica' , Itv & sticker. I then move on to pay road tax then to the hacienda to pay duty ,if necessary ,& finally trafico. This applies whether it's a UK, German or other Eu vehicle.

If the EU can have a single market, and a single currency, and allow members from EU countries to live and work in fellow EU countries for long periods of time without naturalising to another country, and these EU Citizens can own and drive EU registered cars on EU roads, why is there no EU Stanard Road Safty Test - you could even call it an SRS Test! 

Couldn't agree more .

All cars made in the EU are made to the same specification, use the same components and are identical other than being either LHD or RHD!

Unfortunately they are not . Any UK vehicle is of a superior spec. to one sold in spain. Spanish vehicles have no underbody protection, why I've no idea when youconsider the amount of salt they use on the roads in winter , even here ! All Ford vehicles have abs as standard in the UK whereas in Spain it's an extra , as I unfortunately  found out .

New cars also carry an EU Homologation number, to show that it conforms to all EU legislation - so why no EU MOT Standard?

Couldn't agree more. They've been talking about it for years ! back in 2003 they said "it'll be another couple of years"  , Well 8 have gone by & there's still no sign.

It defies this posters beliefs that those Bureaucrats in Brussels still haven't done this!

lindacooper147 "We have a problem with our UK car insurance because they will only let you take the car out of the UK for 3 months at a time on that insurance."

Any car that is insured in any country in the EU has minimum legal cover for any EU country. (plus Switters and Norway).Your policy possible doesn't tell you this, they would prefer you to pay extra "for a similar level of cover". So, while you won't have comprehensive cover (if indeed you do) you will be road legal anywhere in Europe - and more importantly, make Roberto happy.

To Linda why not change your insurance Saga cover you for the whole period of your trip

http://www.saga.co.uk/insurance/car-insurance/

thanks - I will get a quote but we do want fully comprehensive cover.  The EU normal cover is only third party I believe.

Any other options anyone knows of?  I would prefer to keep our current insurance and just have cover for the extra 5 weeks if that is possible.  If not we may have to look at changing when our current policy expires in June.

For Cole

(Torrevieja area) If you contact Amanda Braund on 625864373 / 654666369 at carregcostablanca@hotmail.com she will probably advise you for free but would charge a reasonable amount to do it for you.