DVLA enforcement of vehicle tax, registration and insurance offences
Updated 12 October 2020
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This publication is available at https://www.gov.uk/government/publications/vehicle-enforcement-policy/dvla-enforcement-of-vehicle-tax-registration-and-insurance-offences
This document explains the enforcement action DVLA takes for vehicle tax, registration and insurance offences.
1. Enforcement of vehicle tax offences
| Offence or penalty | Identification | Enforcement action | Legal reference |
|---|---|---|---|
| Being the registered keeper of an untaxed vehicle. | This is identified from DVLA’s vehicle register. | A late licensing penalty (LLP) letter is issued automatically. LLP set at £80 reduced to £40 if paid within 33 days. If the penalty is not paid, the case will be referred to a debt collection agency. If you pay by Direct Debit and fail to make the payment, DVLA may stop you from using this payment method in the future. |
The Vehicle Excise and Registration Act 1994 (VERA) (as amended) Sections 7A and 19B of the Act applies. The Road Vehicles (Registration and Licensing) Regulations 2002, Regulation 9A. |
| Using an untaxed vehicle on a public road without a SORN. | ‘Using’ offence identified from an ‘on-road’ sighting. | An out of court settlement (OCS) letter issued. OCS set at £30 plus one and a half times the outstanding vehicle tax. If the OCS is not paid, as a criminal offence the case may be pursued through the magistrates’ court. The penalty is either £1,000 or five times the amount of tax chargeable, whichever is greater. Vehicle may be clamped and additional fees may apply. |
The Vehicle Excise and Registration Act 1994 (VERA) (as amended). Section 29 and Schedule 2A of the Act applies. Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997. |
| Using an untaxed vehicle on a public road with a SORN in force. | ‘Using’ offence identified from ‘on-road’ sighting. | An out of court settlement (OCS) letter issued. OCS set at £30 plus twice the outstanding vehicle tax. If the OCS is not paid, as a criminal offence the case may be pursued through the magistrates’ court. The penalty is either £2,500 or five times the amount of tax chargeable, whichever is greater. Vehicle may be clamped and additional fees may apply. |
The Vehicle Excise and Registration Act 1994 (VERA) (as amended). Section 29 and Schedule 2A of the Act applies. Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997. |
| Keeping an untaxed vehicle. | ‘Keeping’ offence identified from the vehicle record. | An out of court settlement (OCS) letter issued. OCS set at £30 plus one and a half times the outstanding vehicle tax. If the OCS is not paid, as a criminal offence the case may be pursued through the magistrates’ court. The penalty is either £1,000 or five times the amount of tax chargeable, whichever is greater. Vehicle may be clamped and additional fees may apply. |
The Vehicle Excise and Registration Act 1994 (VERA) (as amended). Section 29 and Schedule 2A of the Act applies. Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997. |
2. Enforcement of registration offence
| Offence or penalty | Identification | Enforcement action | Legal reference |
|---|---|---|---|
| Failure to notify a change of keeper or notify sale or transfer to motor trader, insurer or dismantler. | Offence identified from the DVLA vehicle register. | An out of court (OCS) letter issued. OCS set at £55 reduced to £35 if paid in 17 days. If the OCS is not paid, as a criminal offence the case may be pursued through the magistrates’ court. The maximum penalty is £1,000. |
The Vehicle Excise and Registration Act 1994 (as amended) and the Road Vehicles (Registration and Licensing) Regulations 2002. Section 22 of the Act and Regulation 22, 23 and 24 of the 2002 Regulations applies. The offence is under section 46 and 59 of VERA. |
3. Enforcement of vehicle insurance offence (not applicable to Northern Ireland)
| Offence or penalty | Identification | Enforcement action | Legal reference |
|---|---|---|---|
| Being the registered keeper of an uninsured vehicle. | Offence identified from the DVLA vehicle register and the Motor Insurers’ Bureau (MIB) Motor Insurance Database. | A fixed penalty notice (FPN) is issued. Penalty set at £100 reduced to £50 if paid within 33 days. If penalty is not paid, as a criminal offence the case may be pursued through the magistrates’ court. The maximum penalty is £1,000. |
Sections 144A, 144B, 144C and 144D of the Road Traffic Act 1988. The Motor Vehicles (Insurance Requirements) Regulations 2011. |
4. Wheelclamping
Wheelclamping is subject to these mandatory fees:
- £100 clamp release fee (payable within the first 24 hours of wheelclamping or removal of the vehicle)
- £200 impound release fee (payable once the vehicle is removed to a vehicle pound)
- £21 per day storage fee (beginning once the vehicle has been removed to the vehicle pound)
- £25 fee if V62 supplied for new keeper
A surety fee is payable if the keeper has not taxed their vehicle by the time the vehicle is released and can be refunded if proof of vehicle tax is produced within 14 days of the payment being made. The fee is:
- £160 for motorcycles, light passenger and light goods vehicles
- £330 for buses, recovery, haulage and goods vehicles
- £700 for exceptional loads and heavy goods vehicles such as a large lorry or bus
The vehicle is stored for a statutory period of between 7 and 14 days. If the vehicle is not claimed within this time, it may be disposed of by auction, breaking or crushing.