cardi

This is an old question with many of the usual silly replies.
If the car has UK insurance (presuming UK registered address) then there is no insurance problem driving back to UK and no problem driving in Europe.
Not having an MOT is a minor UK offence rarely prosecuted on its own. Points do not apply.
No road tax is a DVLA thing which police do not enforce
Cameras are not for and police are too busy to chase up minor motoring offences.
In the 20+ years I have been on French,Spanish and Italian expat forums I have never heard of anybody getting into trouble in this scenario.
Many though, have forked out vast sums to avoid what would be at worst a £100 fine.

EuroTrash

a) it's not exactly the kind of thing people boast about is it;
b) did it ever occur to you that some people prefer to fork out the very moderate cost of reregistering their car (unless you have horrendous gas guzzler), not in order to avoid a fine, but because they prefer to do what the law says.
Sorry but I'm so tired of this assumption that the only reason anybody would obey the law is to avoid being fined. No doubt it's true in some cases, but don't lump everybody into that category, please.

Rosemary

Good post.

Throughout the Europe forums I see that the vast majority of our members endeavour to conform to all of the legalities of living in each of the countries. That is why we all get asked so many questions about the various aspects of moving to another country.

Rosemary

Rosemary

Note to cardi....please read Rule 3

Rosemary

Tweedpipe

If you didn't like the others, surely your silly-billy reply here tops them all.
The OP clearly commented, "so now it has no MOT and because of that I am unable to renew the insurance", implies no insurance. Then goes on to add, "The problem here would be arranging insurance for the journey, does anyone know of any insurance companies who would offer temporary cover for such a trip", which surely confirms that he/she has no current insurance. And you are suggesting that they drive back to UK regardless, "If the car has UK insurance"......!!
Think I'll go back to my cryptic crossword, which makes far more sense.

EuroTrash

Just to clarify this - it is indeed a DVLA thing and fines are sent out automatically each month to all vehicles identified by the computer as neither taxed nor SORN'd. Doesn't need the police to lift a finger or enforce anything.
https://www.gov.uk/government/public...rance-offences
"Being the registered keeper of an untaxed vehicle
This is identified from DVLA’s vehicle register. A late licensing penalty (LLP) letter is issued automatically. LLP set at £80 reduced to £40 if paid within 33 days.
If the penalty is not paid, the case will be referred to a debt collection agency."

Listen Very Carefully

Plus of course all ports ferry terminals etc are ringed with ANPR cameras and one has only to spend a few minutes watching uk police reality programmes (yes sad I know) to see decent motors being winched onto breakdowns because there is no insurance and /or MOT and being crushed unless several hundred pounds is paid out
Re registering the vehicle in France will not cost a lot unless it is a gas guzzler and will give the OP total peace of mind and could well prove cheaper than fines etc

dmu

Unless he's lurking under another user name and is observing the result of his possible wind-up, the OP hasn't been back since the minute he asked for advice.
(Apologies if he's bona fide and for some reason hasn't reacted to our replies.)

jack_russell

Thanks for the comments and just to clarify a few things.

First, the car is taxed and registered to a UK address. The insurance I have had up to now has been a specialist insurance for a UK car being kept overseas so that is not a problem.

Yes, in theory I could just renew the current policy and the insurance company would gladly take my money. However, if I had to make a claim of any sort they would demand to see a current MOT certificate and without that the claim would be denied. OK, it satisfy the French police should I be stopped but I would be driving around totally unprotected.

I would prefer to keep it in France and I think the company route is the best option so that is really what I want advice about.

EuroTrash

Setting up a business in France is quite complex, far more so than setting up a Ltd Co in the UK. You have a wide range of company structures to choose from, each with its own set of rules and its own obligations. They all have potential benefits and potential drawbacks, so which structure suits you best, depends on your business activity / projected turnover / personal circumstances etc. You'll find loads of info online, but best advice usually is to go and have a chat with your local chambre de commerce or chambre de métiers.
This site outlines the most common statuts https://www.lecoindesentrepreneurs.f...20lib%C3%A9ral.
.
However the first question has to be, do you have an EU passport? because if you don't have the right to work in France and you don't intend to employ staff It's difficult to see how your company will operate, and if it has no turnover but you still have to pay business taxes etc, this is going to wind up being an expensive venture one way and another. Non residents may also have various limitations and extra obligations when it comes to setting up a business (https://www.captaincontrat.com/artic...sident-risques)

I hope that is the kind of info you were looking for but think I must be missing something because I don't get why you would want to set up a company just to register a car, it would be like using a sledgehammer to crack a peanut. I don't see any advantage in going through all the hassle and expense of registering a company and then selling your car to the company and then registering it. At the end of the day it would still be exactly the same process to go through (CoC etc) as if you simply registered the car to your holiday home.

EuroTrash

Here is a link to the relevant text of the Code de la Route explaining that it's sufficient to have a "domicile" in France, there is no need to be a permanent resident:

Que dit la loi ?

Le Code de la route, et plus particulièrement l’article R322-1, stipule que « tout propriétaire d’un véhicule qui souhaite rouler sur la voie publique doit adresser une demande immatriculation au préfet du département de son choix en justifiant de son identité et de son domicile en France ». Il n’y a donc pas d’équivoque : pour pouvoir immatriculer un véhicule en France si vous vivez à l’étranger, vous devez avoir un domicile sur le sol français. Il peut s’agir d’une domiciliation chez un tiers, ou de votre propre logement. Vous devez donc fournir un justificatif de domicile.

https://www.ecartegrise.fr/blog/dema...0de%20domicile.

dmu

Apologies for my comment!
I agree with all that has been said above re creating a company in France simply because of a car. Once you've registered a suitable business entity for your situation, you'd be regularly harassed forever more by all the administrative/social/legal/fiscal organisations and you'd need some one on the spot, who is up to date with all the new regulations, to manage all this bureaucracy.
As suggested, far simpler to get the car transported back to the UK by professionals and keep it there, and buy/hire a French car when you're down on holiday.
As an aside, strictly speaking, if you happen to work for your company via telephone/internet while you're "on holiday", you're subjected to the "law of the bum" and should pay S.S. contributions in some form or other. The URSSAF doesn't approve of "travail dissimulé" (undeclared work) done on French soil. Fore-warned is fore-armed....

EuroTrash

As of now, I suppose advice on this for Brits has to differentiate between those who have the right to work in France and those who don't. For those who do, the advice remains the same. But for anyone who only has a British passport and doesn't have permission to work in France, after 1st Jan it's not a case of "need to register with URSSAF", it's a case of, is not allowed to work in France, full stop.
Depends on the final outcome of the negotiations but at present it's looking as if a UK businessman who comes to France even for a day or two to attend a meeting or a conference or a trade show, would need a business visa.

dmu

Good point for newcomers hoping to work while here "on holiday", after 1st January 2021.

scot47

New posters sometimes disappear after posting a query when they do not like the answers. Cyberspace version of sticking your hands over your ears.

I see that this OP (Jack Russell) did come back. I hope he resolves his problem. After Brexit we will see a lot more problems like this intensified by the lunacy of leaving the EU.