Spanish registered motorhome stuck in UK (1 Viewer)

[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

 

[EdwardFT]

In Portugal and I assume in other EU countries it is necessary to change your driving licence to the country that you have residence in, regardless of Nationality.

If you have not taken up French residency then that does not apply but there may be other rules regarding taking up residency and length of stay.

Yes but during the time after you have taken up residence, but before you have changed you licence, you are in the situation that I described. That was my situation, and I was perfectly legal.

Actually in France you do not have to change a licence from another EU country.

Even now, I am resident in France but I do not have to change my UK licence until the end of 2021. If I have a French car, is it really illegal for me to drive back to the UK on a visit?

 

[EuroTrotters]

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 ?

Currently, yes.

I have just exported a UK car to Spain (just about avoided non EU import tax too).

It is now on Spanish plates.

As I understand it, I am insured to drive it anywhere in Europe that my insurers cover. Other than my country of residence which is the UK. Unless I could prove it was a company car used for business.

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[Rds559]

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

I’ll swop you my UK motorhome for your Spanish motorhome.

 

[2657]

Yes but during the time after you have taken up residence, but before you have changed you licence, you are in the situation that I described. That was my situation, and I was perfectly legal.

Actually in France you do not have to change a licence from another EU country.

Even now, I am resident in France but I do .

have to change my UK licence until the end of 2021. If I have a French car, is it really illegal for me to drive back to the UK on a visit?

I don't recall ever saying that you were illegal.
As the UK is no longer in the EU then it will be necessary to change driving licence after taking residency at some point.

 

[bobandjanie]

There is no legal requirement to be a Spanish resident to own a motor vehicle, you do have to have an NIE number but that is not the same as residencia. I have a house, car, motorbike and 2 quads all registered in my name and I am not resident and this was made clear to the gestors at the times of purchase. I also have a motorbike registered to me in the UK and I am not resident there either. The insurance companies for all the vehicles are aware I am not resident and have no problems with the situation.
It is the same as an Australian buying a van in the UK, touring for a year and selling it on.
If the OP's are the same as me then currently they cannot enter Spain and that will not be changing before March the 2nd.

Your situation is not the same, a UK resident cannot drive a foreign vehicle in the UK, unless they import it, your country of residence will have the same rules.
The motorhome being there over 6 months should be imported.

I'm sure you will find changes are being made, I read today in Asturias non Spanish licence holders with vehicles registered in Spain are being asked to register their licence to make things easier for them. Bob.

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[gus-lopez]

I was (and am) a UK citizen. I was still driving perfectly legally on a UK licence. I bought a car in France and registered it there. Then on a summer holiday I drove back to visit family in the UK. Are you seriously saying that's not allowed?

If I have a French car, is it really illegal for me to drive back to the UK on a visit?

Whilst that might be the case if stopped in the UK with a French plated vehicle & a UK licence you would have serious problems & have to prove that you were not a UK resident. Now it might be different with the UK out .

 

[Emmit]

As for the OP.
In Law one cannot commit an offence if to avoid such a commission is impossible.

The OP arrived in August. They had 6mths in which to stay in this country and then they should have left.

They were prevented from leaving by Her Brittanic Majesties Government edict that they couldn't leave the country.

As said, they couldn't do the impossible.

 

[2657]

If I have a French car, is it really illegal for me to drive back to the UK on a visit?

Whilst that might be the case if stopped in the UK with a French plated vehicle & a UK licence you would have serious problems & have to prove that you were not a UK resident. Now it might be different with the UK out .

My reading of this situation is that regardless of residency the holder of a UK driving licence cannot drive a foreign registered vehicle in the UK. I recall reading somewhere that it would be legal in the case of a foreign registered hire vehicle.

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[Bailey58]

The Polish people living a few doors from my mother in law have been driving there two cars on Polish plates for at least 3 years.

A chap we called "the German" but was merely returning to the UK with his German wife after living there for 40 odd years, rented a nearby bungalow for some eight years until he died a couple of years ago. He drove a German plated car all that time.
His widow planned to return home after the funeral and a neighbour sold off all the household and garage stuff for her but couldn't advertise the car as she said it had never been registered or insured here. He apparently did all his own maintenance but it never saw an MOT or garage in that time. Our local back street garage gave her a few quid for it and she went home happy.

 

[bobandjanie]

We have loads like that around here, but they appear to be hiding since the police have been stopping and checking them.
Our friend had one hit his people carrier and never stopped, found later dumped and had not been changed of ownership, they would do a runner even if they kill someone.

We have a UK van near us, dumped on a future building plot, it's been there 3 years, because it's not Spanish or on the road it stays there, even the car breakers won't touch it because that's stealing. Bob

 

[Rds559]

I have a uk registered motorhome and would swop it a Spanish registered motorhome

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[Northernraider]

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.

According to the DVLA vehicle importswebsite it does state a uk resident is not allowed to drive a foreign registered vehicle in the uk with exception of a single trip to home address from port of entry or to an mot station for the purposes of mot and registration.

I discovered this while trying to find details about buying a vehicle in germany and driving it home.

 

[Minxy]

I have a uk registered motorhome and would swop it a Spanish registered motorhome

Are you trying to tell us something ... not quite sure!

 

[Bolti]

Are you trying to tell us something ... not quite sure!

Whatever it is, its driven off the original poster.

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[Bailey58]

Threads, like humanity, evolve over time.

 

[Rds559]

Are you trying to tell us something ... not quite sure!

No, just looking to swop my motorhome for a Spanish motorhome

 

[grumpyjock]

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

I thought it was only allowed on Spanish plates for 6 months from entry date ?

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[EdwardFT]

According to the DVLA vehicle importswebsite it does state a uk resident is not allowed to drive a foreign registered vehicle in the uk with exception of a single trip to home address from port of entry or to an mot station for the purposes of mot and registration.

I discovered this while trying to find details about buying a vehicle in germany and driving it home.

That makes sense. It is different from the suggestion that a UK licence holder can not drive a foreign registered car in the UK.

 

[Bolti]

That makes sense. It is different from the suggestion that a UK licence holder can not drive a foreign registered car in the UK.

It's not different one trip from port and another to MOT equals not driving a foreign registered vehicle in my book

 

[bobandjanie]

I thought it was only allowed on Spanish plates for 6 months from entry date ?

We are UK citizens and Spanish residents with a Spanish vehicle, and we can stay in the UK 6 months a year if we wished to stay longer, we would need to import the vehicle and make it our residential home. Bob.

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[gus-lopez]

But all these Uk rules are based on Eu directives which now have no legal backing as the Uk is no longer in the EU ?
Have they been made over into UK law?

 

[nicholsong]

I am in a convoluted situation in Poland.

I have applied for two driving licences because The registration of my MH is under appeal to the Minister. Both licences are delayed so at the moment I cannot drive.

When I can drive, and if stopped I may offer the policeman a copy of this thread to keep him busy while we have lunch.

Geoff

 

[Northernraider]

We are UK citizens and Spanish residents with a Spanish vehicle, and we can stay in the UK 6 months a year if we wished to stay longer, we would need to import the vehicle and make it our residential home. Bob.

Yes thats normal

But if you are a uk resident then you cant drive a foreign registered vehicle in the uk without registering it.

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[Northernraider]

But all these Uk rules are based on Eu directives which now have no legal backing as the Uk is no longer in the EU ?
Have they been made over into UK law?

The uk probably proposed the law to the EU in the first place like the others they voted yes on


But its definitely what the DVLA website says now

 

[gus-lopez]

But its definitely what the DVLA website says now

they also say that your "driving licence needs renewing every 10 years" but we all know that's a load of nonsense as well.

 

[Northernraider]

they also say that your "driving licence needs renewing every 10 years" but we all know that's a load of nonsense as well.

Mine expired in October


But the info online regarding foreign cars and uk resident is pretty clear ...

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[nicholsong]

But all these Uk rules are based on Eu directives which now have no legal backing as the Uk is no longer in the EU ?
Have they been made over into UK law?

Quite correct, if they are indeed 'Directives' which might or might not have been followed up with local legislation in each country and/or maybe not exactly as drafted in the Directive.

However, if they have been passed as a 'Regulation' then they come into direct effect as law in all 27 States, without the need for local legislation. A Regulation applies to every organisation and all individuals in all 27 States.

One such took effect for vehicles on 1st September 2020. That did not stop the Polish government announcing that they were not going to comply with that Regulation, at least not in respect of vehicle emissions. They will probably get another fine from the EU - maybe after 4 years of turgid to/fro and administrative blockages..

Together with gus-lopez I have had to become quite close to all these rules about vehicles and licences. Apart from that also to tax rules on 'Residence', 'Tax Resident', 'social and commercial interest', Double Taxation agreement etc.

........All because I love Basia, otherwise the Polish government could do .. [the unmentionable thing]

I have told her the lawyers' fees are coming out of her Inheritance. Fortunately I know about getting the best law firms. Bit better than internet forums (with some exceptions)

Geoff