|
|
Driving
Topic has 49 replies.
  
|
|
Sort Posts:
|
|
|
|
 08/05/2008, 17:42
|
ErnieY
 
Joined on 05/12/2006
Nr Prayssac (Lot)
Posts 3,473
|
Re: Suitable insurance for France and UK
|
|
|
|
|
Roll up, roll up, place yer bets folks ![Big Smile [:D]](/cs/images/emotions/biggrin.gif)
My doctor said one drink per day, I can live with that !
|
|
|
|
|
Report
|
|
|
|
|
08/05/2008, 19:23
|
Tony F Dordogne
Joined on 10/04/2005
Small village in the Dordogne, near St Cyprien
Posts 1,476
|
Re: Suitable insurance for France and UK
|
|
|
|
|
|
Easy bet, too many?
Tony F
Dordogne (24)
Huguenot Trails
|
|
|
|
|
Report
|
|
|
|
|
11/05/2008, 20:33
|
Moulin85
Joined on 23/09/2007
Posts 19
|
Re: Suitable insurance for France and UK
|
|
|
|
|
|
|
Yes people this one will run & run!
To the letter of the law those who say the car should be registered in France, then the UK, then France, then the UK, then France, then the UK, then France………………… are right. But in reality if the car is legal in the UK i.e. Tax, Mot, Insurance and the insurance company are aware of the situation and prepared to extend cover, (please ensure you have this in writing,) then there won’t be a problem!
The only time anyone is going to question how long you have been in either country is if you have an accident and the insurance company refuse to pay out. With the correct cover this can’t happen.
I know the law on both sides of the Channel can be an ***, but in the remote circumstance that you did end up in court the key questions would be Practicality and Intention to De-Fraud. Clearly in this situation it is impractical to continually keep re-registering and as the car is fully legal in the UK and you have amended the insurance to cover extended stays in France there is no fraudulent intent. This is quite different from those Brits who drive around on UK plates to avoid a CT and paying out for insurance.
|
|
|
|
|
Report
|
|
|
|
|
12/05/2008, 8:51
|
Sunday Driver
Joined on 07/10/2005
Deux Sevres (79)
Posts 2,879
|
Re: Suitable insurance for France and UK
|
|
|
|
|
|
|
The letter of the law is not set aside by considerations of what you describe as 'reality'...
Under the code de la route, driving an unregistered car is an absolute offence. Having had 'no intent to defraud' is no defence. The question of practically is also immaterial.
If the original poster wishes to take advantage of the six months visitor rule, then that is the time limit which is set down under law. If he considers it impractical to comply with that legal timescale, then it is a matter for him whether he decides to accept the risk of prosecution for the sake of practicality.
Waddya mean it's only Saturday......
|
|
|
|
|
Report
|
|
|
|
|
12/05/2008, 10:20
|
Boiling a frog
Joined on 06/09/2004
Charente 16
Posts 598
|
Re: Suitable insurance for France and UK
|
|
|
|
|
|
|
The european commission appears to disagree with you SD.
From
TAXATION OF CARS TRANSFERREDWITHIN 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
|
|
|
|
|
Report
|
|
|
|
|
12/05/2008, 16:25
|
Sunday Driver
Joined on 07/10/2005
Deux Sevres (79)
Posts 2,879
|
Re: Suitable insurance for France and UK
|
|
|
|
|
|
|
How dare it!
I notice that it mentions this concept of reasonableness and common sense in an information document which, unless it is incorporated in the Directive and enacted into the national law of the applicable member states, then it would appear to be for information rather than forming a legal basis. So if national law says you can stay for up to six months and doesn't specify any conditions of exemption, then that's the time limit.
"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."
Rather than prolong the debate on this already well aired subject, I concur with your comment.
Waddya mean it's only Saturday......
|
|
|
|
|
Report
|
|
|
|
|
12/05/2008, 17:26
|
geoff
Joined on 06/05/2008
france
Posts 69
|
Re: Suitable insurance for France and UK
|
|
|
|
|
|
|
Lets put this way,those people that wish to drive around on U.K. plates in France With no road tax or test form(and there is a lot that do) let them get on with it.
The gendarmes and the municipal police are not as daft as these brits think.
So when they get stopped and cry.
TANT PIS,
G
|
|
|
|
|
Report
|
|
|
|
|
12/05/2008, 19:18
|
Benjamin
Joined on 21/08/2005
Vendée South
Posts 1,645
|
Re: Suitable insurance for France and UK
|
|
|
|
|
|
That's all well and good geoff but what happens when the no tax, no MOT and more importantly no insurance Brit runs into you?
Benjamin
Snips, snails and puppy dog tails
|
|
|
|
|
Report
|
|
|
|
|
France Forum » Living » Driving » Re: Suitable insurance for France and UK
|
|
|
|