Vehicles Must Be Insured Unless Registered SORN

Many people believe that if they are not using their vehicle, they can simply leave it parked without further action. However, unless a Statutory Off Road Notification (SORN) is made, the vehicle must remain both taxed and insured - even if it is stored on private land. Failing to make a valid SORN can lead to prosecution and a large fine.

This requirement was considered by the Court of Justice of the European Union in Fundo de Garantia Automovel v Juliana and another (Case C-80/17), where the Court ruled that vehicles which are not formally withdrawn from use and are capable of being driven require insurance. The judgment applied even where the vehicle was parked on private property and the owner had no intention of driving it.

In this blog, the motoring offences team at JMW Solicitors outlines when a SORN is required and the potential legal consequences of failing to declare a vehicle off the road.

The Law in the UK

The principle outlined in the above case reflects existing domestic law. Under section 144A of the Road Traffic Act 1988, it is an offence to keep a motor vehicle that does not meet insurance requirements, unless a valid SORN has been made with the DVLA. This obligation applies to the registered keeper, regardless of where the vehicle is stored.

What Does SORN Mean?

A SORN is a formal notification to the Driver and Vehicle Licensing Agency (DVLA) that a vehicle is not being used and will not be driven on public roads. Once a SORN is in place, the vehicle is legally classed as ‘off the road’, meaning it no longer requires insurance or tax - but it must not be used, parked or kept on any public road.

The SORN system is intended for vehicles that are:

• Uninsured or untaxed.
• Awaiting repair or a pre-booked MOT appointment.
• Stored in a garage, on a driveway or other private land.
• Due to be broken down for parts.
• Bought or received and will not be used immediately.

A SORN is completely free to apply for and remains valid until the vehicle is taxed, sold, scrapped or permanently exported. It cannot be transferred from a previous owner, and a new SORN must be made by the person registered as the current keeper.

When Must You Declare a SORN?

You must declare a SORN if:

• The vehicle is uninsured and/or untaxed.
• You want to avoid paying vehicle tax while the car is not in use.
• You are not planning to use the vehicle for an extended period and will store it on private land.
• You have purchased a vehicle that you do not intend to use yet.
• You are waiting to dismantle the vehicle for parts.

A valid SORN must be made in your own name and cannot be carried over from a previous keeper. If the vehicle is transferred to a new owner, a new SORN application will be required.

The only exception to using a SORN vehicle on a public road is to take it to a pre-booked MOT test, and the vehicle must still be insured for that journey.

How to Apply for a SORN

A SORN can be made:

• via the gov.uk website.
• By post, using a V890 form, sent to: DVLA, Swansea, SA99 1AR.
• By phone, if you have your vehicle’s registration number and either the log book (V5C) or a vehicle tax reminder (V11) with a 16-digit reference number.

You can choose to start the SORN immediately or from the first day of the following month, depending on how and when the application is made.

Once a SORN is accepted:

• Any remaining vehicle tax will be automatically cancelled, and you may receive a tax refund.
• You must not use the vehicle until it is re-taxed, insured and has a valid MOT certificate.

Legal Consequences of Failing to Make a SORN

Under section 144A of the Road Traffic Act 1988, it is a criminal offence to keep a motor vehicle that is not insured, unless a SORN has been made.

If a vehicle is kept uninsured and off the road without a SORN:

• The registered keeper may receive a fixed penalty.
• The DVLA may initiate a private prosecution.
• If convicted, the court may impose a large fine, in addition to a criminal record.
• Your car insurance provider may increase premiums as a result of the offence.

Prosecution is not limited to vehicles kept on public roads. Even if a car is stored on a driveway, in a garage or on other private land, the offence still applies if there is no insurance and no SORN in place.

Re-taxing a Vehicle After a SORN

When you are ready to return your vehicle to the road, you must:

1. Obtain valid insurance.
2. Ensure the vehicle has a valid MOT.
3. Pay vehicle tax via the DVLA before using the vehicle.

A SORN will end automatically once a vehicle is taxed, but you should not drive the vehicle until all legal requirements have been met.

How JMW Can Help

If you have been contacted by the DVLA or received a fixed penalty for failing to make a SORN, our motoring offences team can advise you on your next steps. We represent clients who face prosecution for motoring offences and can help reduce the impact of these proceedings or secure an early resolution where possible.

We also advise on:

• Challenges to fixed penalties.
• Prosecution defence in the Magistrates’ Court.
• The implications of a criminal conviction for driving, insurance and employment.