Spanish registered motorhome stuck in UK

[Bowie]

Hi We own a new Spanish registered motorhome and are UK citizens. In Aug 2020 we had to return to the UK to care for our elderly mother after an accident and now find ourselves stuck here due to the current restrictions.
Various calls to the Police, HMRC and DVLA are not establishing any solid answers other than importing the vehicle.
It is our intention to return to |Europe as soon as permitted as well as after the first Vaccine jab.
The police have confirmed in writing that we are ok for 6 months but not after that if stopped which would only be on the way to the port.
Does anyone have any guidance on this matter please.
Thanks Chris

 

[chaser]

Don't see why a Spanish van would get stopped when covid regulations are lifted, but if you really wanted to stay out of trouble, you could put your van on a low loader to the port.

 

[bigtree]

Is it not against the law for a UK citizen to drive a foreign registered vehicle in Britain?

 

[spitfire]

Is it not against the law for a UK citizen to drive a foreign registered vehicle in Britain?

Not if you are legally registered as a resident of the country of registration of your vehicle .

 

[Otter Spotter]

I thought foreign registered vehicles in this country had to be re registered after 12 months use 8n this country?

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[2657]

Not if you are legally registered as a resident of the country of registration of your vehicle .

And presumably have a driving licence issued by that country.

 

[spitfire]

I thought foreign registered vehicles in this country had to re registered at 12 months ?

Indeed and not sure if the time limit but the question was is it not illegal to drive the vehicle . Yes you must ré register after a certain time as in all countries but we have never been in the U.K. that long to ask !

 

[Minxy]

Is it not against the law for a UK citizen to drive a foreign registered vehicle in Britain?

They can be UK citizens but have a permanent residence in Spain so no issue at all.

 

[bigtree]

Not if you are legally registered as a resident of the country of registration of your vehicle .

He doesn’t state that though.

 

[Minxy]

I thought foreign registered vehicles in this country had to be re registered after 12 months use 8n this country?

Nope, info here:
Importing vehicles into the UK: Temporary imports - GOV.UK (www.gov.uk)

Temporary imports​

The Brexit transition period has ended and new rules on importing vehicles now apply. This page is currently out of date.
You can usually use a vehicle with foreign number plates without registering or taxing it in the UK if all of the following apply:

• you’re visiting and do not plan to live here
• the vehicle is registered and taxed in its home country
• you only use the vehicle for up to 6 months in total - this can be a single visit, or several shorter visits over 12 months

If you become a resident or stay for longer than 6 months you must register and tax your vehicle in the UK – follow the steps for importing a vehicle.

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[Otter Spotter]

Indeed and not sure if the time limit but the question was is it not illegal to drive the vehicle . Yes you must ré register after a certain time as in all countries but we have never been in the U.K. that long to ask !

its not illegal to continue to drive the vehicle for up to 6 months in this country but then it Should be re registered with DVLA. I have no passport and have no wish to see Europe at all for at least 5 years when the dust may have settled or the EU members have knocked each other out. Just checked out Mindy Girls link and I have corrected myself.
I live this community you learn so much

 

[Minxy]

Hi We own a new Spanish registered motorhome and are UK citizens. In Aug 2020 we had to return to the UK to care for our elderly mother after an accident and now find ourselves stuck here due to the current restrictions.
Various calls to the Police, HMRC and DVLA are not establishing any solid answers other than importing the vehicle.
It is our intention to return to |Europe as soon as permitted as well as after the first Vaccine jab.
The police have confirmed in writing that we are ok for 6 months but not after that if stopped which would only be on the way to the port.
Does anyone have any guidance on this matter please.
Thanks Chris

Hi Bowie, welcome to the fun house!

As residents in Spain I thought you were allowed to 'return home' so the restrictions shouldn't stop you from doing that, that's of course assuming you are now ready to go back to Spain.

 

[Minxy]

its not illegal to continue to drive the vehicle for up to 12 months in this country but then it Should be re registered with DVLA. If the intention is to return to Spain then possibly a trip On the Chunnel out of uk for a couple of days will give you another 12 months but don’t quote me on that. I have no passport and have no wish to see Europe at all for at least 5 years when the dust may have settled or the EU members have knocked each other out.

Nope it won't reset the 12 months, it's still a cumulative 6 months in total.

 

[AXO66]

What are the chances of getting stopped, when restrictions ease.

And if you are, you have your story, you have the ferry ticket, insurance and licence.

would have thought you would be very unlucky to get nicked.

 

[Minxy]

I suppose the first question to be answered is are you a recognised 'resident' of Spain? Do you have documents to prove it? If so you should be able to travel through France into Spain according to these:

France travel advice - GOV.UK (www.gov.uk)
Spain travel advice - GOV.UK (www.gov.uk)

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[Emmit]

If the OP should find him/herself in a position where they could be prosecuted, they could? plead Guilty at Court (necessary) and ask the Magistrates to apply an 'Absolute Discharge' as a penalty. However there are very specific circs. that apply and I'm too long in the tooth to remember the legal niceties.
That would result in no financial penalty and no points on the licence.

I was subject of such a case when I committed a traffic offence when in the pursuit, (literally) of my duties as a Police Officer. It caused the Insurance Co. headaches because they could not accept that I was convicted of Due Care but did not have points on my licence.

That, (I think) would apply if they were to be found driving to a Port and they were prevented from doing so in a legal manner because of circumstances, in this case COVID.

Having said all that, I am trying to understand what is preventing them from returning direct to Spain immediately.

 

[Onemanandhisdog]

I am trying to understand what is preventing them from returning direct to Spain immediately.

Wanting the best of both worlds, waiting for their covid jabs?

 

[Puddleduck]

If the OP should find him/herself in a position where they could be prosecuted, they could? plead Guilty at Court (necessary) and ask the Magistrates to apply an 'Absolute Discharge' as a penalty. However there are very specific circs. that apply and I'm too long in the tooth to remember the legal niceties.
That would result in no financial penalty and no points on the licence.

I was subject of such a case when I committed a traffic offence when in the pursuit, (literally) of my duties as a Police Officer. It caused the Insurance Co. headaches because they could not accept that I was convicted of Due Care but did not have points on my licence.

That, (I think) would apply if they were to be found driving to a Port and they were prevented from doing so in a legal manner because of circumstances, in this case COVID.

Having said all that, I am trying to understand what is preventing them from returning direct to Spain immediately.

Given the circumstances that would be a very sensible way of going about things should a stop happen (guilty and discharge).

I'm not sure that going back to Spain is sensible given the restrictions and risk of spreading virus (even if it is permitted).

 

[Minxy]

Wanting the best of both worlds, waiting for their covid jabs?

Maybe, if so then they need to decide whether to go home to Spain now and not have issues here, or wait and risk not being able to leave by their required departure date and suffer any consequences, I doubt that waiting for a covid jab would be an acceptable reason.

Given the circumstances that would be a very sensible way of going about things should a stop happen (guilty and discharge).

I'm not sure that going back to Spain is sensible given the restrictions and risk of spreading virus (even if it is permitted).

In a MH they could isolate quite easily (assuming they use the tunnel), of course this would have to be AFTER they had shopped once landed in the EU seeing as they can't take a lot of stuff with them from the UK.

 

[denisejoe]

Sorry but why should a foreign resident get a covid jab here

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[2657]

Sorry but why should a foreign resident

et a covid jab here

Perhaps because they have paid into the UK health and tax system for 50 years.
In theory, they should get the vaccine in the country of residency but if they have registered their S1 forms then they are still entitled to healthcare in the UK, this is assuming they are retired pensionsrs.

 

[Minxy]

Sorry but why should a foreign resident get a covid jab here

Without more info from the OP it's difficult to answer that one as I am assuming that they ARE a foreign resident due to the MH being Spanish registered which I assume is a requirement ... gus-lopez is this correct?

 

[gus-lopez]

Hi We own a new Spanish registered motorhome and are UK citizens. In Aug 2020 we had to return to the UK to care for our elderly mother after an accident and now find ourselves stuck here due to the current restrictions.
Various calls to the Police, HMRC and DVLA are not establishing any solid answers other than importing the vehicle.
It is our intention to return to |Europe as soon as permitted as well as after the first Vaccine jab.
The police have confirmed in writing that we are ok for 6 months but not after that if stopped which would only be on the way to the port.
Does anyone have any guidance on this matter please.
Thanks Chris

If you are a spanish resident you can go now. Awaiting for a legally entitled ab if in receipt of a state pension doesn't count under the medical exemption I believe.

and now find ourselves stuck here due to the current restrictions.

As above if a resident you can go.

Is it not against the law for a UK citizen to drive a foreign registered vehicle in Britain?

No,only a UK RESIDENT.

I thought foreign registered vehicles in this country had to be re registered after 12 months use 8n this country?

That might well be the case but you can only legally use it in the UK for 6 months.
Leaving & entering europe & then retrning the next day resets the clock for you as a person but not the veicle. It has to stay out for another 6 months, or you can return using another vehicle.

And presumably have a driving licence issued by that country.

No, funnily enough the only place that requires you to have a licence for the country is the one you are resident in. Anywhere else you can use any licence the same as anywhere else but your resident country you can drive a vehicle registered in any country

He doesn’t state that though.

He doesn't say he is a spanish resident or a uk one Just a UK 'citizen' ?

Sorry but why should a foreign resident get a covid jab here

If you are a Uk citizen, resident in a foreign country, & in receipt of a UK state pension you have the right to full UK healthcare when in the UK along with the healthcare you have in country of residence. So you can theoretically have 2 jabs.
As can any EU citizen resident in the UK

Without more info from the OP it's difficult to answer that one as I am assuming that they ARE a foreign resident due to the MH being Spanish registered which I assume is a requirement ... gus-lopez is this correct?

I would have thought so although it is feasible that a holiday home owning non -resident could purchase a spanish motorhome as they can purchase cars & vans ?

 

[gus-lopez]

On topic but not sure whether it still applies but If you are on holiday say in another EU state & are taken ill/ required to care or support someone else who is ill ,the 6 month period for the vehicle ,& for the person was deemed ,to be suspended for a period of up to 2 years.
EU law states you cannot be penalised or subjected to punishment in any way for what is deemed to be an Act of God & out of your control.

Whether that still applies now the UK is out of the EU i have no idea but I looked in to using it at the end of 2019 when my wife was being treated in the Uk & it looked like I would exceed the 6 month period . Problem for me was that the van also needed an itv(MOT) by January 2020 so intention was to run back to Northern spain for it & return. Fortunately all went on & I left just before christmas but even then both the van & I had been in the UK over 6 months,just.

I would hazard a guess that the law still remains the same as I doubt that it would be at the top of the pile on leaving to be altered.

 

[2657]

If you are a spanish resident you can go now. Awaiting for a legally entitled ab if in receipt of a state pension doesn't count under the medical exemption I believe.

As above if a resident you can go.

No,only a UK RESIDENT.

That might well be the case but you can only legally use it in the UK for 6 months.
Leaving & entering europe & then retrning the next day resets the clock for you as a person but not the veicle. It has to stay out for another 6 months, or you can return using another vehicle.

No, funnily enough the only place that requires you to have a licence for the country is the one you are resident in. Anywhere else you can use any licence the same as anywhere else but your resident country you can drive a vehicle registered in any country

He doesn't say he is a spanish resident or a uk one Just a UK 'citizen' ?


If you are a Uk citizen, resident in a foreign country, & in receipt of a UK state pension you have the right to full UK healthcare when in the UK along with the healthcare you have in country of residence. So you can theoretically have 2 jabs.
As can any EU citizen resident in the UK




I would have thought so although it is feasible that a holiday home owning non -resident could purchase a spanish motorhome as they can purchase cars & vans ?

My reference was for the need for a resident of a country to have a driving licence issued by that country.
I don't know the situation in the UK but I as a Portuguese driving licence holder am not allowed to drive foreign registered vehicles in Portugal, I would assume that the same applies to UK licence holders in the UK.

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[Jenka]

Hi We own a new Spanish registered motorhome and are UK citizens. In Aug 2020 we had to return to the UK to care for our elderly mother after an accident and now find ourselves stuck here due to the current restrictions.
Various calls to the Police, HMRC and DVLA are not establishing any solid answers other than importing the vehicle.
It is our intention to return to |Europe as soon as permitted as well as after the first Vaccine jab.
The police have confirmed in writing that we are ok for 6 months but not after that if stopped which would only be on the way to the port.
Does anyone have any guidance on this matter please.
Thanks Chris

So are you a resident in spain ? If so cant you return now and have the Vac jab in spain ?

 

[LiquidLunch]

Obviously waiting for his Jab on the NHS as he could quite easily return to Spain if that is where he lives. The lockdown does not stop prohibit you from going home. And do not see why you think you would be stopped by the Police and if you were your answer would just be we are going home to Spain.

 

[Bowie]

I suppose the first question to be answered is are you a recognised 'resident' of Spain? Do you have documents to prove it? If so you should be able to travel through France into Spain according to these:

France travel advice - GOV.UK (www.gov.uk)
Spain travel advice - GOV.UK (www.gov.uk)

Thankyou. We have not got residency in Spain although this could be a future plan. At present the plan is to tour Europe as soon as permitted and safe re Covid. Everything on Government websites in UK is conflicting or terribly out of date. Don't expect to get stopped but don't want vehicle impounded which I have seen mentioned in posts.

 

[Bowie]

Obviously waiting for his Jab on the NHS as he could quite easily return to Spain if that is where he lives. The lockdown does not stop prohibit you from going home. And do not see why you think you would be stopped by the Police and if you were your answer would just be we are going home to Spain.

Problem is we cant go home as don't have application in for residency or residency. There is no way you want to argue with Spanish Police. Weve been there for 20 Years on holidays and just stayed for 10 months before we left. As mentioned we cant find anything in UK Government literature to cover our circumstances and one department suggested the C110 form but we dont fit any criteria for temporary import tax relief.

 

[Jenka]

I found the UK govt and consulate in Spain really helpful and up to date in my opinion. I think like most you've been slow to realise the impact for home owners in Europe,those that took the advice regarding residency are now enjoying a life in the sun !