Owning a car, what legal responsibilities do you have?

Gavin Lampert, Senior Litigator, Dispute Resolution

Searching for and buying a car is an exhilarating experience. No more so than when you drive away knowing that it’s yours! However, car ownership comes with responsibility and that’s not just in relation to the way you drive. When you own a car, you have legal responsibilities too, that you must ensure you comply with to avoid the risk of being fined or even prosecuted.

Registration with DVLA

As soon as you have bought the car you must register your ownership with the DVLA. When you buy the car from a dealer, they will arrange the paperwork for you. However, if you buy the car privately, you should agree with the seller who will inform the DVLA about the change of ownership. You can use the DVLA online registration process to let them know about the change of ownership which should be straight-forward.

Ensure your vehicle is taxed

Unless your vehicle is off the road, you must pay vehicle tax.  You can pay your vehicle tax using a reminder from the DVLA, your vehicle log book (V5C) or the green “new keeper” slip from a log book if you have only just bought the car. If you have none of these documents, you can apply online for a new log book.

You can set up and pay your vehicle tax through the DVLA’s online portal. You can pay the tax annually, six-monthly or by monthly direct debit. If your vehicle is off the road, you’ll need to tell the DVLA by submitting a “Statutory Off Road Notification”.

Does your car need an MOT?

Cars over three years old must have a valid MOT. This should be from the anniversary of the vehicle registration and thereafter on the anniversary of the previous MOT. You can quickly check if your car needs an MOT on the DVLA website. If it needs an MOT and does not have one, you must arrange and obtain one before you drive the car on the road.

You should be aware there are different rules and processes for MOT for vehicles registered in Northern Ireland.

Ensuring your car is safe to drive

You must also ensure your car is safe to drive. That means it must be mechanically sound and meet other legal requirements to enable you to drive safely. These types of obligations run from making sure the tyre tread depth is above the minimum required through to ensuring you have water in your windscreen reservoir to allow you to wash your windscreen whilst driving. Do all the lights on your car work?

These are just some of the many checks you must regularly make to ensure your car is safe to drive. Remember, if you do not keep your car roadworthy and are stopped by the police, you can face a fine or be prosecuted.

Do you have a full driving licence?

Before you can drive on your own, you must have a current full driving licence allowing you to drive your car. If you only have a provisional licence, you can still drive the car but you must be supervised by a qualified driver and must display L plates on the car at all times.

Is your car insured?

You must have at least third-party insurance cover if you wish to drive or use your car on the roads in the UK. Third party insurance means you are covered by insurance if you have an accident or cause damage or injury to any other person, vehicle, animal or property. This type of insurance does not cover your own costs of the accident.

Your eyesight must meet the “standards of vision for driving”

Before you can drive on the roads in the UK, your eyesight must meet a certain standard. You must also wear glasses or contact lenses if you need them when driving. This means you must be able to read a car number plate from 20 metres, with glasses or contact lenses, if necessary.

You also must inform the DVLA if you have any problems with your eyesight that affects both your eyes. If you only have one eye remaining, you must inform DVLA if you have problems with that eye.

It is an offence to drive without meeting the standards of vision for driving and you could be prosecuted for driving when you don’t meet those standards.

Changes to you or your vehicle

You must also tell the DVLA if certain changes take place. These are:

• If you change your name or gender;
• When you change your address;
• If you make any alterations to your car;
• If you sell your car;
• If you have or develop a medical condition.

These are legal obligations and can have consequences should you fail to comply with them.

Complying with Road Traffic Regulations

When driving, you must comply with all road traffic regulations. You must observe the speed limit at all times. You must also observe all stop and give way signs and comply with the highway code. There are many road traffic regulations with which you must comply.

Always be courteous to other road users, including pedestrians. Finally, if the police signal for you to pull over, make sure you stop!

Showing your driving documents

If you are pulled over by the police, when asked by a police officer, you must be able to show:

• Your driving licence
• A valid insurance certificate
• A valid MOT certificate (if necessary)

If you are unable to produce these at the time, you may be allowed seven days to produce them at a police station.

If you want to just “hit the road” make sure you’re legal

Owning a car comes with many regulations with which you must comply. Failure to make sure everything is in place can quickly lead to prosecution. Car ownership can give you many years of pleasure and independence. Don’t try to skimp on your legal responsibilities or you could end up in trouble with the law.

If you would like any more information relating to this article please feel free to contact me by telephone on 020 8221 8062, by email or visit my profile.

This article is not legal advice; it is intended to provide information of general interest about current legal issues.