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PostPosted: Sat Dec 19, 2009 4:07 pm 
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Joined: Mon Mar 09, 2009 4:57 pm
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Location: Tavira (was London)
We have now been here about 6 weeks. We rent our property here and no longer have a property in the UK. My wife's driving licence still carries our old UK address.

I understand that once we become resident here she can transfer it to a Portuguese licence but we don't even have proper fiscal numbers yet due to Banco Espirito Santo "generating" fiscal numbers for us when we opened our accounts from the UK and the red-tape nightmare we are having getting these cancelled and new ones issued.

So, my concern is this: Does the fact we no longer live at the address on her licence mean that her licence is invalid, in turn meaning that the insurance on the hire car outside our house right now would be invalid if we have an accident? or is there some sort of grace period in place for this kind of thing. The DVLA and Directgov websites give conflicting views on this.

We would be most grateful if someone could help as we are a bit nervous of going anywhere in the car right now!

Thank you

Ben

www.movingtoportugal.wordpress.com


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PostPosted: Sun Dec 20, 2009 8:41 am 
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Location: Near the Minho
There's just been a topic in Red Tape Acquiring a PT Driving Licence. that covers it.
Her Licence is not invalid, but technically the offense in both countries is driving on a licence not registered to a valid address as you no longer own UK home. At the moment your caught in the middle of various regulations/law, as you intend to become residents then maybe you can short circuit the 3 month requirment, visit your Camra's dept who handle residency (as your renting you'll need a proof of address from your Junta da Frequeisa) they should issue, you can then either register your UK licence to PT address or swop it, whichever meets your personal circumstances.
Re Fiscal number can't you/they just change address through your local Tax office, as anyone has to do when changing addresses/districts.


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PostPosted: Sun Dec 20, 2009 10:30 am 
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Location: Tavira (was London)
Thank you. re. the fiscal numbers - what they are saying is that we cannot have proper fiscal numbers until the numbers BES "generated" have been cancelled which apparently has to be done in Lisbon. We were initially told 20 days, then "another week," - we are going to go back tomorrow. I can't imagine it being straightforward to do the residency bit without the fiscal number sorted, so time for us to start chasing that up again!


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PostPosted: Mon Dec 21, 2009 1:23 pm 
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Location: Tavira (was London)
We got this today from the DVLA:

"Drivers who take up residence in another EC/EEA country no longer have to exchange their driving licence, but may continue to drive using their own national licence for as long as it remains valid.

You should however check with the appropriate driving licence authorities where you are now resident for information on any conditions that the host member state may stipulate."

Still clear as mud! BUT along with the fact that the DirectGov website states you do NOT have to tell the DVLA about your change of address if you move abroad, I think, defensible while you are in "limbo" between residency in the two countries.

B

www.movingtoportugal.org
www.foodandwineportugal.com


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PostPosted: Mon Dec 21, 2009 1:27 pm 
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Location: Porto
notlongnow wrote:
We got this today from the DVLA:

"Drivers who take up residence in another EC/EEA country no longer have to exchange their driving licence, but may continue to drive using their own national licence for as long as it remains valid.

You should however check with the appropriate driving licence authorities where you are now resident for information on any conditions that the host member state may stipulate."

Still clear as mud! BUT along with the fact that the DirectGov website states you do NOT have to tell the DVLA about your change of address if you move abroad, I think, defensible while you are in "limbo" between residency in the two countries.

B


The authorities ought to be a bit tolerant here. My friends with UK licences here have never changed theirs and if they are stopped by the police (in the north) they haven't had problems.

The thing is though, the law in the UK doesn't really matter because it's the law in PT that counts when you are driving here.


Last edited by tivinho on Tue Dec 22, 2009 9:04 am, edited 2 times in total.

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PostPosted: Tue Dec 22, 2009 8:54 am 
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Can you give a clear indication where you found that information on DVLA site, as it seems to contradict their own information, UK embassy etc.
regardless you are still in a position where DVLA & IMTT would say you are commiting an offence driving on a licence registered at an invalid address.


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PostPosted: Tue Dec 22, 2009 9:44 am 
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Location: Tavira (was London)
Hi,

We emailed them and what I posted was their response. We had found the information contradictory ourselves so figured if we can show we have enquired and have it "from the horses mouth" as it were, if there is ever an argument we can prove we have been diligent in checking.

B

www.movingtoportugal.org
www.foodandwineportugal.com


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PostPosted: Tue Dec 22, 2009 9:48 am 
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Location: Tavira (was London)
Also this re. not having to notify of change of address:

http://www.direct.gov.uk/en/Motoring/Dr ... G_10023103


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PostPosted: Tue Dec 22, 2009 10:45 am 
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It is an offence if stopped and present a licence that does NOT show your correct details .

I was stopped in the UK a few weeks after a house move and given 14 days to present a " Correct " driving licence with insurance details etc at the local police station.


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PostPosted: Tue Dec 22, 2009 11:00 am 
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Joined: Mon Mar 09, 2009 4:57 pm
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Location: Tavira (was London)
EMM - That was the point in my original question. The fact is the information conflicts - Yes, I know it is an offence to drive on a licence with an invalid address yet DVLA themselves say there is no need to tell them if you move abroad (where I would say in the majority of cases that would mean the UK address becomes invalid.)

In the situation we are currently in, we cannot yet get residence (due to the fiscal number problem we are having,) so we cannot get our licence exchanged or registered by the IMTT to our Portuguese address. This leaves us in a kind-of limbo....and a limbo which, judging by forums about many countries, many many people finds themselves in.

One of points of the new EU plastic licence was to allow easy freedom of movement between countries - the address issue is specific to UK licences from what I have read, so whether the Portuguese authorities would be bothered about the address (or would , for that matter, have any way of knowing,) remains to be seen.

This is not a question of trying to find a way around the rules for our own benefit, it is simply a case of trying to clarify a grey area which many people seem to find themselves in temporarily. That is why we have made sure if we are ever pulled up on the matter, we have made sure we have an email from the DVLA to prove we have checked and taken advice.

B

www.movingtoportugal.org
www.foodandwineportugal.com


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