Classic identity crisis

5 min read

The legal story around the registration of classic cars remains ambiguous, as an enthusiast and lawyer explains, but there may yet be a glimmer of hope

WORDS PAUL GRIFFIN

GETTY

New Vehicle Identification Numbers, Q-plates and even demands for historic cars to pass Vehicle Approval anew have long been demanded by the Driver and Vehicle Licensing Agency. Recently, however, its reach has stretched beyond even imported and highly-modified cars, and increasing numbers of enthusiasts are finding themselves powerless against its unilateral decisions.

Often, it begins with a letter that reads something like this: I am writing to inform you that your historic vehicle must be re-registered with a new Vehicle Identification Number stamped into it, Individual Vehicle Approval and a ʻQʼ registration number. The vehicle record has been voided and you are not to use the vehicle on the road until re-registration takes place.

We have come to this decision because the vehicle no longer retains the original component where the manufacturerʼs stamped-in number was found. This component has been replaced at some point in the history of your vehicle. As this original stamped identification number is no longer present, there is significant doubt over the vehicleʼs identity. The refitting of the original component to your vehicle will not change this decision.

This kind of communication can be prompted by a new drivetrain component or even a minor change to the body, and once a decision has been made, with the DVLA in possession of the V5, there is often little for owners to do but accept re-registering or sell the car for parts.

ʻLong-standing policyʼ is usually cited by the DVLA as the reason, but not disclosed in detail – including applicable legislation or case law. Three senior judges of the Court of Appeal recently described the DVLA as having no particular skill or knowledge, with a role limited to collecting tax to raise revenue for the government and ensuring that vehicles operating on the roads in the UK are registered. In that same case, it was also found that the commercial interests of car buyers form no part of the regime underlying the DVLAʼs role, and that Q-plates exist only to enable registration where the age or identity of a vehicle is unknown.

But the DVLA declares the opposite to be its justification, saying that once it has any reason to doubt the legitimacy or integrity of a historic vehicle, then it has a duty to require its re-registration, often with a Q-plate.

Classic enthusiast Ed Keane found himself tangled up in DVLA policy when he applied for the electric co


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