Hello Bill
I contacted Glyn Baxter as you advised and it was very productive. Glyn forwarded a copy of an article by the Federation of British Vehicle Clubs which refered to the EU Roadworthiness Directive 2014/45. This is the key. This is the legal document to which we should refer. Having read it I understand why there is some confusion.
Let me explain the reasons for my initial enquiry. Friends of my son went to Germany last year in highly modified cars. All of the modifications were noted in their insurance documents and they had current UK MOT's. They were stopped by the German Police, their cars were held for a week then released but they had to trailer them home. Given that background I wanted to understand how I stood with respect to a trip to France on my vehicle with no MOT.
Back to the EU Roadworthiness Directive 2014/45.
This is a very lengthy document with many relevant parts. These are the parts I believe most relevant. My apologies in advance for the lengthy reply.
Definition of a Historic Vehicle / Vehicle of interest:
7) | ‘vehicle of historical interest’ means any vehicle which is considered to be historical by the Member State of registration or one of its appointed authorising bodies and which fulfils all the following conditions:
— | it was manufactured or registered for the first time at least 30 years ago; |
— | its specific type, as defined in the relevant Union or national law, is no longer in production; |
— | it is historically preserved and maintained in its original state and has not undergone substantial changes in the technical characteristics of its main components; |
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So my Vincent meets that definition.
(13) | Vehicles of historical interest are supposed to conserve the heritage of the period during which they were constructed, and are considered to be hardly used on public roads. It should be left to Member States to determine the periodicity of roadworthiness testing for such vehicles. It should also be for Member States to regulate roadworthiness testing for other types of specialised vehicles. |
So it is down to the UK government to determine the frequency of MOT. Or if none is required. So it is the responsibility of the UK government to determine if I need an MOT not the member state I am travelling to.
(18) | Vehicles used on public roads are required to be roadworthy when they are used. The holder of the registration certificate and, where applicable, the operator of the vehicle should be responsible for keeping the vehicle in a roadworthy condition. |
It is down to the rider/operator to ensure the vehicle is Roadworthy, even without an MOT. Fair enough.
(19) | It is important for road safety and for its impact on society that vehicles used on roads should be in a proper technical condition. Therefore, Member States should not be prevented from allowing, on a voluntary basis, additional roadworthiness tests. |
This is the 'get out clause' which allows any Member State to do additional Roadworthy tests.
In conclusion: I can take my Vincent to France without an MOT as it is not required in the UK. It is my responsibility to ensure my vehicle is roadworthy and safe. If they so wish the European Member States can ignore this and apply their own additional Roadworthy test.
I have my answer and understand why my son's friends cars were impounded. Thank you Bill for referring me to Glyn. Thank you Glyn for pointing me to the correct Legal document.