OK here goes , I will not be thanked by my other half when you read this.
Mr O as some on the forum will be aware goes to UK a few times per year with our fully comp insured car, he goes for around a month to work, he is a HGV driver.
Yesterday he had had enough and decided to cut his stay short and was heading towards the ports (still in Greater Mancester) he was stopped , I believe on the motorway, I do not know why he was originaly stopped (perhaps the french plates?!) anyway the upshot is that when they looked at his insurance documents, in french obviously, they said they were not valid for UK, he asked for an interpretor so they could read the documents, but he had the Green slip that comes with the vignette for the window, somehow it came into the conversation that he had been working here and they said it automaticcally invalidated insurance as he was no longer a visitor! he had no UK address to give them so he was locked up for the night and will remain there untill tomorrow when he goes befoe the court, they have impounded the car and will not release it without UK insurance.
I have tried every number under the sun this morning, french ebassy, british embassy , foreigh office , insurance(but that is only for breakdowns today) I have even tried the Motor insurers bureau listed on my groupama policy, either that is busy or not open like all the others.......they could only help in case of a death(fair enough)
Someone please help.
Many sympathies. Dunno what to say though.
A few years ago I was hit repeatedly by a LHD Artic while I was on the M1. He was in the 'slow lane' trying to get into the middle lane where I was. He hit my rear left hand side 4 times before he noticed that the space was occupied.
TG I was in a heavy car on a dryish road otherwise I would have spun and not be here now (crowded M1 70ish mph !).
Anyway that truck was part of a fleet of 50 lhd artics owned and insured in Austria but had been working Britain for 6 months at least. Yes I had the police there and yes MIB eventually kicked in (Months rather than days) for the truck's insurers but NO nobody impounded a vehicle and NO nobody was in the slightest way disciplined. Apparently the police officesr concerned only filed a minimal report as I had no apparent injury at the time.
Mr O seems to be on the wrong end of a bizarre story. I hope he is out soon.
Bon Courage.
John
John Owens
www.Goodviews.co.uk
Opas - if you actually know your local insurance person, try ringing them at home. I know it is not the sort of thing you would normally do but being locked up is a bit of an emergency! Our own insurance agent was great help to friends in big emergency (fire) and didn't mind being disturbed on a Sunday - they can usully get hold of the appropriate emergency person.
Good luck - you lust be worried.
Baf found this piece of legislation and quoted it on another thread recently:
The european commission appears to disagree with you SD.From
The european commission appears to disagree with you SD.
From
TAXATION OF CARS TRANSFERRED WITHIN THE COMMUNITY OR USED REGULARLY ON CROSS-BORDER JOURNEYS INFORMATION DOCUMENT FROM THE COMMISSION ON THE RIGHTS AND DUTIES OF THE EUROPEAN CITIZEN (TAXUD/255/02)09.09.2002 The Directive provides that the exemption may be granted for a period, continuous or otherwise, of not more than six months in any 12 months (not necessarily coincident with the calendar year; Articles 3 and 4(2)). This applies whether the car is used for private or business purposes.The Directive does not indicate what kind of proof has to be brought to show how long the vehicle has remained in the territory of a given Member State. Although Member States are free to decide what proof should be brought, the means they choose have to comply with the legislation on freedom of movement.37 Here it is appropriate to refer to Article 62 of the EC Treaty which prohibits Member States from using checking methods which require the completion of formalities at the Community's internal borders.38 The Commission considers that the six-month period provided for in the Directive will generally be sufficiently long to enable citizens to exercise in full their right of freedom of movement in a Member State other than the one in which they are normally resident. It is not unreasonable to suppose that, if a citizen remains in another Member State for more than six months, this implies a degree of permanence which allows the Member State in question to levy the regular road tax and even require registration involving dues (fees) in connection with the registration of that car. However, so as to ensure respect for the principle of the free movement of persons, the condition should be applied reasonably, guided by common sense and taking account of its aim, which is to prevent abuses as well as fraud. I would suggest that in the given circumstances providing that the person is a UK resident and that the vehicle is legally taxed and insured there is no intention to defraud and as per the EU commisssion common sense applies.Boiling a frog
TAXATION OF CARS TRANSFERRED WITHIN THE COMMUNITY OR USED REGULARLY ON CROSS-BORDER JOURNEYS
INFORMATION DOCUMENT FROM THE COMMISSION ON THE RIGHTS AND DUTIES OF THE EUROPEAN CITIZEN (TAXUD/255/02)
09.09.2002
The Directive provides that the exemption may be granted for a period, continuous or otherwise, of not more than six months in any 12 months (not necessarily coincident with the calendar year; Articles 3 and 4(2)). This applies whether the car is used for private or business purposes.
The Directive does not indicate what kind of proof has to be brought to show how long the vehicle has remained in the territory of a given Member State. Although Member States are free to decide what proof should be brought, the means they choose have to comply with the legislation on freedom of movement.
37 Here it is appropriate to refer to Article 62 of the EC Treaty which prohibits Member States from using checking methods which require the completion of formalities at the Community's internal borders.
38 The Commission considers that the six-month period provided for in the Directive will generally be sufficiently long to enable citizens to exercise in full their right of freedom of movement in a Member State other than the one in which they are normally resident. It is not unreasonable to suppose that, if a citizen remains in another Member State for more than six months, this implies a degree of permanence which allows the Member State in question to levy the regular road tax and even require registration involving dues (fees) in connection with the registration of that car.
However, so as to ensure respect for the principle of the free movement of persons, the condition should be applied reasonably, guided by common sense and taking account of its aim, which is to prevent abuses as well as fraud.
I would suggest that in the given circumstances providing that the person is a UK resident and that the vehicle is legally taxed and insured there is no intention to defraud and as per the EU commisssion common sense applies.
Boiling a frog
You might try faxing this to the police station? Or a local solicitor - which he may well need, by the sound of things. Good luck.
Wow this sounds grim. Have you got protection juradique on your motor or household insurance? They should be able to help. Or perhaps your breakdown insurance. Anyway I really hope you have good ending and Mr. Opas escapes the clutches of the vehicle gestapo.
I had already thought of trying to contact our agent, but all I know is her first name and the village she lives in, nothing else.
If he is illegal in UK driving on Green insurance whilst working, what about all the cross boarder workers ? half of the south of france must have illegan cars right now with the prtuguese here for the fruit.
Coops , I do not have access to a fax, if anyone on the forum does and will do this on my behalf I will do a search for the fax no NOW
Thank you in advance/
My daughter broke every rule in the book for years but was only stopped once because the car had been picked up a number of times late at night on surveillance cameras and was therefore suspect, but at no time was her legality questioned as in the present case. Sounds to me as if plod is trying for an easy prosecution.
The not having an address thing so kept overnight in nick is not uncommon though. Been threatened with it myself.
opas wrote: Coops , I do not have access to a fax, if anyone on the forum does and will do this on my behalf I will do a search for the fax no NOW Thank you in advance/
Why does sh*t always happen on a Sunday?
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