Driving without road tax is an offence in England and Wales. If you own a vehicle registered in the UK for use on public roads, you are required by law to pay road tax.
The rules are applicable to every category of vehicle, and this is inclusive of those that have a nil rate of Vehicle Excise Duty (VED) or are exempt from payment of road tax.
By law, it’s an offence to drive a vehicle on a public road in the UK without road tax, with limited exceptions. Even if you do not drive the vehicle, the law requires all registered vehicles being kept or used on public roads to be taxed, and insured.
If kept off road, a vehicle must be declared SORN (Statutory Off Road Notification) and you are still required to tax the vehicle.
What are the penalties for driving without road tax?
Driving without road tax relates to the following offences which carry the following penalties:
Being the registered keeper of an untaxed vehicle
A late licensing penalty (LLP) letter is issued to the registered keeper. Driving without road tax will result in a DVLA-imposed fine of £80, which is reduced by half if paid in 33 days. If the fine is not paid, the debt is sold on to a collection agency to pursue.
If the case goes to court.I If the case goes to court, the fine can be increased to up to £1,000 or five times the annual road tax fee, whichever is higher.
Using an untaxed vehicle on a public road without a SORN
The registered keeper will be sent an out of court settlement (OCS) letter, with a fine set at £30 plus one and a half times the outstanding vehicle tax.
It is a criminal offence not to pay the OCS. The case may therefore be pursued through the magistrates’ court with a penalty of up to either £1,000 or five times the amount of tax chargeable, whichever is greater.
The vehicle may also be clamped and additional fees may apply.
Using an untaxed vehicle on a public road with a SORN in force.
The registered keeper will be sent an out of court settlement (OCS) letter, with a fine set at £30 plus one and a half times the outstanding vehicle tax.
It is a criminal offence not to pay the OCS. The case may therefore be pursued through the magistrates’ court with a penalty of up to either £2,500 or five times the amount of tax chargeable, whichever is greater.
The vehicle may also be clamped and additional fees may apply.
Keeping an untaxed vehicle
The registered keeper will be sent an out of court settlement (OCS) letter, with a fine set at £30 plus one and a half times the outstanding vehicle tax.
It is a criminal offence not to pay the OCS. The case may therefore be pursued through the magistrates’ court with a penalty of up to either £1,000 or five times the amount of tax chargeable, whichever is greater.
The vehicle may also be clamped and additional fees may apply.
Wheel clamping fees
Untaxed cars can be clamped or impounded, resulting in a fee for release. Vehicles are stored for a period of between 7 and 14 days, after which they may be disposed of by auction, breaking or crushing if unclaimed within this time.
If your car is clamped or impounded, the following mandatory fees will be payable:
- £100 release fee to be paid within the first 24 hours of wheelclamping or removal of the vehicle
- £200 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
In addition, a “surety deposit” becomes payable if the registered keeper has not taxed their vehicle by the time the vehicle is released. This will be refunded if proof of vehicle tax is produced within 14 days of the payment being made.
- £160 surety deposit for motorcycles, light passenger and light goods vehicles
- £330 surety deposit for buses, recovery, haulage and goods vehicles
- £700 surety deposit for exceptional loads and heavy goods vehicles such as a large lorry or bus
How to pay your road tax
The Driver and Vehicle Licensing Agency (DVLA) will send a renewal reminder (titled a V11 or V85/1) to the registered keeper of the vehicle in advance of the tax expiring. This letter will detail the time you have to renew it, and instructions of how to make the necessary payment.
Since November 2014, you are no longer required to display a paper tax disc in your vehicle. The DVLA now store all vehicle data on a database that records all vehicles and tax details. Those details are available to the police for on-road checks and investigations.
Road tax-exempt vehicles
Even if your car benefits from a nil rate of vehicle tax, meaning you have no tax to pay, you still have to apply to DVLA to tax your vehicle.
Road tax exemptions include most electric vehicles, certain agricultural vehicles, drivers with a disability and ‘historic” cars pre-dating 1 January 1983.
To confirm the vehicle is still eligible for the nil-rate road tax, you should update your vehicle record on the DVLA website before your current tax expires.
What does SORN mean and how do you register your vehicle as off road?
If you intend to keep the car off road and not drive it, you need to inform the DVLA and register a Statutory Off-Road Notification (SORN). You could also face penalties for driving without road tax if you do not do this when your tax expires. Furthermore, due to the data available to the DVLA, it is very easy for the authorities to know you have committed an offence. There is no grace period. Once your road tax runs out, you must either renew or declare the vehicle SORN immediately.
If you wish to declare your vehicle as SORN, you can complete a form online using either the 16-digit reference number on your vehicle tax renewal letter (V11) or the 11-digit reference number on your logbook (V5C). You can also call the DVLA, or send a SORN application (form V890) to them alongside a letter explaining your situation. If you are going abroad for any reason, you can register your car as SORN two calendar months in advance by post.
Do you need road tax to buy a car?
When buying a vehicle, you must ensure that the vehicle is taxed before driving it.
Changes in the law mean that time remaining on the old-format tax disc can no longer be transferred over to the new owner, and new owners must make the purchase prior to driving the new vehicle. There is no grace period.
If you’re buying a new vehicle, the dealer will usually arrange the road tax for you before you take the vehicle away
If you’re buying a second-hand vehicle, you should be given the V5C/2 green section of the vehicle logbook by the seller. Use the 12-digit reference number on this supplement to tax the vehicle either online or in a Post Office.
When selling a vehicle, any full months remaining on the road tax will be refunded to the previous registered keeper once form V5C is completed and returned.
Road tax and insurance
Without road tax, your car insurance may be invalid. If you are involved in an accident while your vehicle does not have road tax, you are classed as uninsured and will be subjected to all penalties and charges associated with driving an uninsured vehicle. Check the terms and conditions of your insurance policy for details.
What do you do if facing a penalty for driving without road tax?
A penalty could impact your financial situation and livelihood, so it is important to seek impartial legal advice to see if there is a possibility of challenging or reducing the fine.
If you are facing a penalty for driving without road tax, take legal advice immediately to establish if you have a defence, which could include not being the registered keeper of the vehicle; that you were only driving the vehicle to a pre-booked MOT; or if the vehicle had been stolen.
Driving without road tax FAQs
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Legal disclaimer
The matters contained in this article are intended to be for general information purposes only. This article does not constitute tax, financial or legal advice, nor is it a complete or authoritative statement of the rules and should not be treated as such.
Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission.
Before acting on any of the information contained herein, expert tax, financial, legal or other advice should be sought.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
