Sheriff displays discretion in sorn car case 14/3/13
A procurator fiscal urged a sheriff not to set a precedent by throwing out a case
where an unused car was not officially notified to the DVLA.
But the Lewis motorist was given an absolute discharge despite the sheriff being
told that numerous other cases are in the pipeline.
Rules introduced in 2011 mean vehicles have to be insured at all times even if it
is off the public road or never driven.
The only way round it is to make an official SORN (Statutory Off Road Notification)
declaration to the DVLA.
However, a quirk in the scheme which could cause motorists to unwittingly fall foul
of the law, was the topic of exchanges at Stornoway Sheriff Court on Wednesday.
The court heard Annie Murray of Lewis took her car off the road and kept it inside
a garage.
It was uninsured so she followed the legal requirements and completed a SORN declaration
form at her local post office.
But it was rejected because her car still had a valid tax disc.
The 47-year-old of Drum Glas, Cross, Ness, Lewis, ended up being charged with keeping
a car without insurance on 26 October last year.
At Stornoway Sheriff Court she pleaded guilty but Sheriff David Sutherland came to
her aid.
The sheriff pointed out: “She went to the local post office but could not sorn it
as it had road tax on it.”
The sheriff stressed: “She tried to sorn it.
He added: “The car was in the garage.“
He said she chose not to reclaim the road tax.
Sheriff Sutherland highlighted her son managed to sorn the vehicle some time later
after the tax disc ran out.
Despite the fiscal’s protests he instructed that Murray be given an absolute discharge.
Procurator fiscal David Teale said he did not wish “your Lordship to set a precedent.”
He indicated there was an increase in similar cases being picked up automatically
by the DVLA computer.
Mr Teale said the car was not sorned as required by the rules.
He revealed: “There will be many more of these things” as similar cases were “coming
in weekly.”