Car Taxation Rates

[BUSHWHACKER]

See post #41.

[Brummie]

Dear Sian Hill

Your Ref: Sian Hill VC2 D4

I have received a response from the Corporate Compliance Department for Toyota (GB) PLC with regards the elusive EC certificate of conformity or UK approval certificate within which it states:

‘Having looked at your vehicle details we are unable to provide you with an EU or UK certificate of any kind as this vehicle is a Japanese import specifically made for the Japanese domestic market and not European.’

I have previously written to the DVLA advising you of the Vehicle Excise and Registration Act 1994 (as amended by the Finance Act 2000) Schedule 1, part 1A is what specifies which cars are liable for "Graduated Rates of Duty" based on CO2 emissions.

(1) This Part of this Schedule applies to a vehicle which—
(a) is first registered on or after 1st March 2001 AND
(b) is so registered on the basis of an EC certificate of conformity or UK approval certificate that—
(i) identifies the vehicle as having been approved as a light passenger vehicle, and
(ii) specifies a CO2 emissions figure in terms of grams per kilometre driven

I contest that for my vehicle to be placed on the 'Graduated Rate of Duty' this information needs to be available.

Please will you return my V5C at the earliest possible convenience.

Assuring you of my best attention at all times.

Without prejudice

I hope you included a photocopy of the letter from Toyota. If not they will be asking for one or more probably the original. This will be more to gain them time than out of interest.
Some jobsworth has had a bright idea about how to get more revenue and a pat on the back and brought this in without doing thier homework properly. Now the poor sods in the firing line have to try and sort the mess out while tw@ in his comfy office will no doubt deny all knowledge of it.

[Ava_Banana]

Good luck with the quest.

I know it doesn't help, but I have just had mine taxed and it was at the £185 rate.

......although for some reason I appear to be driving a Hilux Surf 9 seater MPV according to the V5

...I wonder what implications that will have.

[gpz1100]

The next letter you get from DVLA will i expect tell you that the SVA test or Model SVA that was used when the vehicle was imported counts as the UK Approval.This in turn gives the emissions which place the vehicle in Band G.

The problem we are having is the policy that discounts any time the vehicle is Reg outside the European Union.
Quote from DVLA
Vehicle Tax
Vehicle tax will be payable in line with the vehicle’s first registration date in the UK. Even if the vehicle has been previously registered abroad, the date it is first registered in the UK will determine the amount of vehicle tax that’s payable. Additionally, DVLA will allocate a vehicle registration number appropriate to the vehicle’s first registration abroad.

This "policy document" is the thing that shoots us up the ass. Without this any imported vehicle Reg prior 2001 would be on the lower tax band.
Trouble is the "Policy Document" seems to be on the Top Secret list marked for DVLA Top Brass only!!! I am still trying to get a copy. Good Luck.

[BUSHWHACKER]

My truck was/is registered with BIMTA when I bought it and I've never had a problem when taxing or insuring it, maybe check to see if you have a certificate or sticker with the paperwork you received when you purchased your truck.

You can register/check details here.......
http://www.bimta.org/index.php?optio...d=12&Itemid=26

[Leicalens]

Tax Theft

Hi all

Just hanging around now waiting for the DVLA to get its thumb from the hole in its under carrriage and concede.. Just reading the posting from you gpz1100.. about the Single Vehicle Approval (SVA)..

Look at the VOSA website.. it states under the purpose of the SVA that:
'If a vehicle passes the test a 'Confirmation of Compliance' document would be issued. This is NOT a Minister's Approval Certificate. It is not a legal document, and does not provide evidence of compliance acceptable in respect of the first licensing / registration of the vehicle.'

The statutory Single Vehicle Approval (SVA) test done on all imports to assess the vehicles compliance and safety is just another money grabbing scheme, especially when the cars are from the Japanese market and imported from there.. they are far more advanced in technology and saftey with their vehicles..

Will check out the link bushwhacker - incidentally does the name refer to off roading?

Regards..

[Leicalens]

Tax Theft

More info..

I am lead to believe that the Japanese domestic market effectively does not use a date of manufacture but the date of first registration. From the VIN plate details it is it is possible to determine a date of November 1998.

TOYOTA MOTOR CORPORATION JAPAN
Model – KD-KCH40G- GRSGT – Y
Engine – IKZ-TE
CC – 2982

My vehicle is a Toyota Hiace Regius 3.0Tdi. It was imported from Japan last year and was registered in the UK on 7th February 2008. The vehicle was taxed for 12 months upon its engine size at a cost of £165.

This year however the vehicle has been placed upon the graduated vehicle excise duty system and is a band G that is £400.

…so, even a vehicle first registered in the UK after 1st March 2001 is still liable for the "general rate" based on engine size unless there is an EU Certificate of Conformity or a UK approval certificate for that exact model. This is why I paid £165 during the first 12 months of motoring. I had been correctly placed on the general rate.

The EU Certificate of Conformity and UK Approval Certificate are produced at the date of manufacture of the vehicle. They show the vehicle models emission system performed under certification conditions. They are a Minister’s approved certification and provide evidence of compliance acceptable in respect of the first licensing / registration of the vehicle.

The car tax reforms by Alistair Darling was designed to encourage the design and manufacture of more fuel efficient cars and thus they introduced the graduated scale March 2001 and this became more stringent in 2006 by introducing the G band.

My argument with the DVLA is that they have interpreted the law for their own benefit and not for what it is intended. I have my principles.

I am lead to believe the DVLA began using the Voluntary Single Vehicle Approval Examinations (SVA), a simple safety check on imported vehicles as evidence of compliance. The DVLA equivalent to the EC certificate of conformity or UK approval certificate that could specify a CO2 emissions figure in terms of grams per kilometre driven. The SVA at the time made sure vehicles had seat belts, lights at the correct angles, fog lights in the correct position etc, no emissions though.
Information on the VOSA website (www.vosa.gov.uk) states that the Confirmation of Compliance document issued once the checks are completed is not a legal document and cannot be used in respect of first licensing / registration. This did not deter the DVLA.

A study at Michigan University by Marc H. Ross and Scott Austin published March 2001 showed how a vehicle performs after years of use. The study predicts the odometer dependence of in- use car emissions, in grams per mile (gpm), over many model years. To do this, model years were analyzed starting in the mid 1980's until the mid 1990's.

I speculate the DVLA have used this study and introduced us to the ESVA & Model Report. As it placed credibility on emissions data taken from engines years after manufacture.

My vehicle due to its date of registration was subject to the newer compliance check the ESVA (Extended SVA) that incorporates the need for emissions data to be applied and anti-theft devices to be fitted before a compliance document is issued.

The model report for my vehicle is to Euro 2 Emissions Technical Standard, Annex 1 of the Enhanced SVA section 18a. This section refers to the European Standard Directive 70/220/EEC whereby a category M1 (the class of my vehicle) shows no non European Standards for which it can be compared.

This is because there is no reliable emissions data at manufacture before March 2001 for any vehicle, import or otherwise and the model report I speculate can still not be reliable if there is no original compliance check on emissions under certification conditions. They are still not Minister approved and still do not provide evidence of compliance acceptable in respect of the first licensing / registration of the vehicle in the UK.

The reason that I contacted you regarding the availability of an EC certificate of conformity or UK approval certificate was because the DVLA wrote to me and told me that the information was available from you. I however knew the data would not be available and wanted to show them a letter from Toyota GB plc stating that fact.

The dating letter would have been of immense value to me if my car had a Date of Manufacture before Feb 1998 as a car over 10 years old cannot be subject to an SVA or an ESVA. But there is only the date of registration used in Japan that in my case is November 1998.


……

And it goes around… My V5C was returned this morning, pretty un-eventful…

Regards

[Growler]

i,ve just paid £220 for twelve months tax,

I can tax both my surf and clio for 12 months for that much inclusive

[Leicalens]

Tax Theft

I recieved word back from the DVLA and it was as expected...

Our Ref: Sian Hill VC2 D4

Driver & Vehicle Licensing Agency
Swansea
SA99 1ZZ

26 March 2009

I refer to your letter of 6th March 2009.

Although the Certificate of Conformity was unavailable, your vehicle underwent an enhanced SVA test which confirmed the CO2 emissions. These details then determined into which Graduated Rate of Duty band your vehicle was placed, i.e. Band G.


Yours sincerely


Sian Hill
Vehicle Customer Services

[Leicalens]

Tax Theft

So I responded..

30 March 2009


Sian Hill
Driver & Vehicle Licensing Agency
Swansea
SA99 1ZZ

Dear Sian

Your Ref: Sian Hill VC2 D4

I had anticipated your response to my letter and have been making enquiries with VOSA. They state:

‘If a vehicle passes an SVA Examination a ‘Confirmation of Compliance’ document would be issued. This is NOT a Minister’s Approval Certificate. It is not a legal document, and does not provide evidence of compliance acceptable in respect of the first licensing / registration of the vehicle.’

Whilst the above refers to the SVA examination and not the extended SVA the same will undoubtedly apply to the later.

Please be aware that the Japanese export market uses the Date of Registration (D.O.R) and not the D.O.M. on all exported vehicles. The DVLA uses the Japanese export documentation as the D.O.M. on the V5C that is clearly incorrect as this is the D.O.R in Japan.

The ESVA Model Report for my vehicle incorporates the emissions as 318.5 grams per kilometre driven HC, the test being carried out at Emissions Lab (UK) Ltd, Southampton, SO14 3XD, however the report refers to the Date of Manufacture (D.O.M) on or before November 1998.

The EU Certificate of Conformity and UK Approval Certificate are produced at the D.O.M. of the vehicle. They show the vehicle models emission system performing under certification conditions. They are a Minister’s approved certification and provide evidence of compliance in respect of emissions.

Further investigation into the new ESVA Model Reports shows my vehicle is to Euro 2 Emissions Technical Standard, Annex 1 of the Enhanced SVA section 18a. This section refers to the European Standard Directive 70/220/EEC whereby a category M1 vehicle shows no European Standards to which it can be compared. This is because there is no reliable emissions data at D.O.M. before March 2001 for any vehicle, import or otherwise.
Aside from the emissions and clarification of the vehicles features and parts the remainder of the ESVA and SVA are identical. To ensure vehicle safety such as seatbelts, fog lamps etc.

I am still waiting on a response from Emissions Lab (UK) Ltd with regards to the emissions test data and what sort of documentation is issued following the test and whether the document states that the vehicle complies with the applicable emissions at the time of the vehicles original build date.

The DVLA are interpreting the law incorrectly and being unjustly enriched. The ESVA is not the equivalent to an EC certificate of conformity or a UK approval certificate.

Whilst I appreciate your efforts Sian, the DVLA have still not responded to the concerns that I brought to your attention some time ago.

I have extended courtesy and opportunity to the DVLA to resolve the issue and still I am no nearer to a conclusion in this matter.


Yours sincerely


...


I will continue to get the brush off from the DVLA, did you know the ESVA reports go back to them - the content of which must not be disclosed to anyone..

I will need to take this matter up with my local MP and the Department of Transport..

Smile like you mean it..

Keep up the good work - any ideas from any members who practice law may be helpful..

Best wishes

L

[BUSHWHACKER]

Looks as if it would be much easier to go to your nearest DVLA office and show them your documents rather than e-mailing an idiot!

http://www.direct.gov.uk/en/Dl1/Dire...ts/DG_10012974

[gpz1100]

Hey Mate , i understand how Hacked off you must be!! I've been to the "local" DVLA office ,withall the paperwork and yes the woman agrees with me. As soon as you leave the Boss says no cus its the policy.
Its a money making exercise by DVLA and the Government who make up the rules as they go.
I spoke to my MP who was not interested,until election time i expect.
Keep us informed and Good Luck.

[Leicalens]

Tax Theft & ESVA

Hi all, this is an email that has been sent out to VOSA and the Dept of Transport..

Loving the wall of silence...NOT...

Dear Sir or Madam

I am contacting you for advice regarding the Extended SVA test. I need to understand the position.

With regards to an SVA Test. Information on the VOSA website (www.vosa.gov.uk) states that the Confirmation of Compliance document issued once the checks are completed is not a legal document and cannot be used in respect of first licensing / registration. Can you let me know if this is the same for the ESVA test.

If this is not the same for the ESVA can you further clarify the position by answering my additional concerns.

When a vehicle has passed an emissions test is a confirmation of compliance document passed to the presenter of the vehicle for them to send onto the DVLA.

And will the document state that the vehicle complies with the applicable emissions at the time of the vehicles original build date or registration date.

And are the tests that are completed performed under certification conditions and if so is it a Minister's approved certification.

Did the Ministry officials provided an outline that has now been spelled out in legislation.

What date was this spelled out in the legislation and where can a copy be obtained.

Where are the directions and objectives of the co-regulatory model.

Did the Minister upon consideration propose any changes requiring further Ministerial approval.

Where is the register of the approved professional bodies.

Is the document equivalent to a UK Approval Certificate or EC certificate of conformity as produced at the D.O.M. on the vehicle models emission system, such that the document is acceptable in respect of the first licensing / registration of the vehicle.

If you have a category M1 vehicle to Euro 2 Emissions Technical Standard, Annex 1 of the ESVA s18a how do you compare it to the European standard.

Is the Ministers document open to judicial review.

If you can answer any or all of our concerns it will be greatly appreciated, if we need to pursue our enquiries with another public body can you please direct us.

Assuring you of our best attention at all times.

Yours faithfully

...


Hope all is well

Leicalens.

[Brummie]

I can understand the reason for the wall of silence. You used words of more than two sylables. Your email will have to be translated for them to understand.
I thought it was general knowledge that once you get above a certain level in government offices a pre-frontal lobotomy is obligatory and any vestage of common sence is removed at the same time.
Guess who,s been waltzed around by a government department. We,ll have to compare notes on excersizes in futility some time.

Best of luck. Brummie

[Leicalens]

Tax Theft

Hi all

This is the response from VOSA - I just hate being stone walled..

Sent: 20 April 2009 11:30:07
Cc: Stephen.Bardsley@vosa.gov .uk; Steve.Jones@vosa.gov.uk; Stuart.Rangecroft@vosa.go v.uk

Approvals
Testing and Support Services (TaSS)
VOSA,
Ellipse,
Padley Road,
Swansea,
SA1 8AN.

Good afternoon,

Thank you for your enquiry regarding this matter. I apologise for the delay in responding, but I am currently the only Technical Officer advising on Single Vehicle Approval (SVA) matters and as such it is extremely difficult to respond to enquiries in a timely manner.

Unfortunately, on the 29th April 2009, Single Vehicle Approval (SVA) becomes Individual Vehicle Approval (IVA) under the terms of the amended framework Directive (2007/46/EC). Under this European Directive, European Community Whole Vehicle Type Approval becomes mandatory for Passenger cars, with the option of IVA, for vehicles that do not meet this criteria.

In order to accommodate the new, more stringent regulations, a period of administrative reworking will take place in March of 2009. Because of this, SVA for M1 passenger vehicles has now closed and as such I am unable to assist you further with your enquiry. However, should you have any other questions about the new Individual Vehicle Approval scheme, please do not hesitate to get in touch.

Best regards,

Mark

Mark Vickers Eng Tech MSOE MIRTE
Technical Officer Approvals
Passenger Cars & Light Goods Vehicles
Vehicle & Operator Services Agency
Department for Transport.

Enquiries/VIA Sent by: David J Croucher/HQ/VIA

To Approvals/VIA@VIA cc 18/04/2009 12:54
Subject Re: ESVA(Document link: Approvals/VIA)

Could someone respond to this gentleman please,

Regards David

...

Will keep on at it... Best Regards Leicalens..