is it legal.....?

Fri Jan 30, 2009 3:55 pm

thinking about going to look at a car in the next few days only problem is that the mot has just ran out and its 100 miles away if i book the car in at my local mot station can i drive the car back? the car still has tax on it. cheers.

Fri Jan 30, 2009 3:56 pm

Yes, you can

Fri Jan 30, 2009 4:01 pm

brilliant cheers mate!

Fri Jan 30, 2009 4:36 pm

Technically, Yes. But I wonder if the police may take a dim view of driving a potentially unsafe car that amout of distance? If its likely to pass then just get it done locally to the seller?

Fri Jan 30, 2009 4:42 pm

depends on how much work is needed and if its in a dangerous condition. decent coppers will use their discretion for things like this.

Fri Jan 30, 2009 5:00 pm

fuzzy wrote:depends on how much work is needed and if its in a dangerous condition. decent coppers will use their discretion for things like this.

there arnt many of them in this country

Fri Jan 30, 2009 5:03 pm

beemerbird wrote:Yes, you can

if its insured as well.

Fri Jan 30, 2009 5:05 pm

town325i wrote:
fuzzy wrote:depends on how much work is needed and if its in a dangerous condition. decent coppers will use their discretion for things like this.
there arnt many of them in this country

youd be surprised. it comes down to their "attitude test" when they first stop you.
ive been let off with a few serious offences when they could have thrown the book at me.

Fri Jan 30, 2009 7:44 pm

It's just a £60 fine, for not having an MOT, isn't it?

or have they started giving you points for that aswell now?

Fri Jan 30, 2009 7:48 pm

A4-AHV wrote:It's just a £60 fine, for not having an MOT, isn't it?

or have they started giving you points for that aswell now?

car can be taken away mate!
you can drive it mate, if its in good condition and seen as a roadworthy vehicle, but only providing you have booked it into your local mot test centre and you have most documents with you !

Fri Jan 30, 2009 7:52 pm

no points given for no mot but if its in a dangerous condition your fooked. if its deemed unroadworthy then your insurance could be void then your doubley fooked.

Fri Jan 30, 2009 8:47 pm

you can drive it to the MOT station and as long as it passes you can drive it away..

Fri Jan 30, 2009 8:48 pm

no m.o.t is a non endorseable offence.
they give you 14 days to re mot and produce,[old system]
may be updated now,been a long time since i played with the rules

.
oh happy days.

Fri Jan 30, 2009 9:01 pm

Bob_S wrote:you can drive it to the MOT station and as long as it passes you can drive it away..

I think you can drive it away to get the work required to pass the MOT done too.

Sat Jan 31, 2009 1:08 am

there you go..i,ve asked tayside traffic cops for you..check back on the thread tomorrow they will have the correct legal position for you

its kept me out the s**t a few times

http://www.fifecarnutz.com/html/modules ... 0152#60152

Sat Jan 31, 2009 1:38 am

The fact is that you CAN drive it to the MOT station as long as its booked (the law doesn't mention how far it has to be),,but, but, but if its not safe to be on the road and even worse, you can be shown to have ignored that, then you will get done big time. (using a vehicle in an unsafe condition).

Sat Jan 31, 2009 1:41 am

blackcountrybimmerman wrote:
Bob_S wrote:you can drive it to the MOT station and as long as it passes you can drive it away..
I think you can drive it away to get the work required to pass the MOT done too.

Yeah but there are so many other laws that they CAN do you for, tyres below the limit = £2000 + points etc etc etc...

Sat Jan 31, 2009 1:46 am

No MOT makes your insurance void.

If the Police are feeling like twats that day they can...take the vehicle- leave you stranded- you will have to pay to get your car back-and recoverd as you cant provide a valid MOT cert- then a while later (3-6mths)you will need to go to court to get your 6 points and your fine for no insurance,(even if you had it)

You 99% will get pulled as the car will set off the APNR alarm in any traffic car.

It is legal to drive to and from the MOT station but if the officer thinks you are taking the ps by driving an excessive distance with an unroadworthy vehicle it will go bad. (grey aera)

You can get two weeks grace on the MOT if you didnt know it had run out (no reminder) but as you have just purchased the car they know you that know is doesn't have one.

This is fact not theory- also if the car is being towed with somone in the car (steering) the car needs to be taxed,moted and insured as well and it must be on a solid bar with working lights ect..displaying an "on tow" board.
It is legal to use a dolly(no one in car-so like a trailer) displaying the front cars registration ,otherwise it need to go on a truck.

I know this is very akward and makes it hard/expensive to get a car home but its all got a bit silly. The recovery will be cheaper than, a court fine+money to recover car from police+your insurance premium when you have 6 points ect...

This tight system will result in many old cars being scrapped instead of being sold.

Sat Jan 31, 2009 9:18 am

blackcountrybimmerman wrote:
Bob_S wrote:you can drive it to the MOT station and as long as it passes you can drive it away..
I think you can drive it away to get the work required to pass the MOT done too.

It seems a simple rule to me, you can drive a car to a pre-booked MOT, unless it passes you no longer have a valid MOT thus voiding your insurance = you in bother with our bezzie mates innit.

Sat Jan 31, 2009 9:24 am

seems simple enough to me as well...

It is generally an offence to use on a public road, a vehicle of testable age that doesn’t have a current test certificate, except when:

taking it to a test station for a test booked in advance
bringing it away from a test station after it has failed the test, to a place of repair
taking it to or bringing it away from a place where, by previous arrangement, repairs are to be made or have been made to fix the problems that caused the vehicle to fail its test

...and your insurance isnt automatically void because your mot is out unless it fails on reasons the mot tester deems as dangerous.then it has to stay where it is or get trailered.

Sat Jan 31, 2009 9:38 am

SUMPCRACKER wrote:
You can get two weeks grace on the MOT if you didnt know it had run out (no reminder) but as you have just purchased the car they know you that know is doesn't have one.

this is a myth and is not true at all if you get pulled for having no mot after its run out its simple you have NO MOT and will get fined accordingly. they should give points as well as a fine for being so stupid and forgetting when it needs doing

Sat Jan 31, 2009 1:06 pm

The FACTS I have written are from the Traffic cop who lives next door.

Sat Jan 31, 2009 1:13 pm

They will decide if the vehicle is safe by calling out a mobile VOSA unit and they will do an inspection at the side of the road,the chances are they will find somthing wrong..

Sat Jan 31, 2009 1:13 pm

the facts on the government website state you have 1 calender month prior to your current mot expiring to renew your mot for the new mot to come into force after the old one expires. there is no mention of any grace if you leave it until after it runs out.

Sat Jan 31, 2009 1:26 pm

It is up to the court to decide,the police will send you to court over it,so it could go either way,a chav who has previous will get done where your mum will probubly get 14 days grace..

I know this as my sister was given the 14days.

Sat Jan 31, 2009 1:27 pm

You can get two weeks grace on the MOT if you didnt know it had run out (no reminder) but as you have just purchased the car they know you that know is doesn't have one.

This is fact not theory-

If this is fact please quote me the releveant statutory instrument No and name of regs.

The Motor Vehicle Test Regs 1981 (as amended) that cover MOT testing state the one month prior to expiry it can be tested as well as the fact that a car can be driven to and from a pre booked MOT without a current MOT.
NO WHERE does it refer to a grace of two weeks after expiry.

The fact is your family member was sent to court means there was is grace and a law had been broken and it was only the lenient daft old sod called a judge that gave that grace as he has the powers to do.

Please bear in mind that a traffic cop has a lot to deal with and doesn't know all the rules - just watch Traffic cops on the telly to hear some of the gaffs they come out with - especially over tyre tread depth etc.

The police only normally call out VOSA for heavy vehicles and buses cos the plods think they know about cars and do it themselves.

Sat Jan 31, 2009 1:28 pm

I suspect your insurance won't be void, but it will only cover for third party risks. So if you are driving an f40 to an MOT station I wouldn't risk it.

Sat Jan 31, 2009 1:29 pm

If they made the 14 days common knowledge then everybody would let their MOT expire and try to get let off ,its a court decision not a legal requirement.

Sat Jan 31, 2009 1:31 pm

SUMPCRACKER wrote:No MOT makes your insurance void.

no it does not

but it is an excuse the insurance companies will use to avoid a pay out, but you can fight it an get pay out, like i just have with a friends car. MOT expired 9 months ago and she just totally forgot about it, and only realised when she had an accident which was her fault as well. the insurance company adjusted the value of the car accordingly because it had no MOT however you must be able to prove the car was in road worthy condition pre accident. this is where proof of servicing and good maintenance comesm in.

from a policing point of view, if you are the owner, you have owner the car for a long period of time, you are insured and taxed but have no MOT, they will view it as an oversight on your part, have a few stern words and generally advise you to get one done as soon as possible.

if you have just purchased the car, and getting it home ( with valid insurnace cover) then that is asking for trouble as they will no doubt guess you are a chancer, you will end up getting fined and its possible you will have the car taken off you

Sat Jan 31, 2009 1:36 pm

I forgot to add it is more for people who's MOT is out by a couple of days than 2 weeks..

And I agree most cops dont know all the rules,(and make them up)but for the man who posted it could go either way and is not worth the risk.

I doubt if you spoke to your insurance company you would get 3rd party cover with no MOT.

Sat Jan 31, 2009 1:42 pm

a_kara

This is what i am trying to say,but dealing with the insurance after the incident is different to getting pulled by a jobsworth copper with nothing to do and him spotting you have no MOT,you may fight the 6 points for no insurance but the car will still be taken away.

Sat Jan 31, 2009 1:51 pm

and id agree about the not insurance does not automatically invalidate your insurance. i know of a £14000 evo that was written off but had been due its first mot 3 months previously. the insurer paid out the £14000 minus £50 for the mot test it should have had done.

Sat Jan 31, 2009 1:58 pm

Fuzzy-
That makes sense and im sure is the case with most but if the plod ring your insurance company to ask if they provide cover for cars with no MOT you know what the anser would be-6 points.

Sat Jan 31, 2009 2:01 pm

SUMPCRACKER wrote:I forgot to add it is more for people who's MOT is out by a couple of days than 2 weeks..

And I agree most cops dont know all the rules,(and make them up)but for the man who posted it could go either way and is not worth the risk.

I doubt if you spoke to your insurance company you would get 3rd party cover with no MOT.

oh so changing the scenario now.

Any plod does have the right to issue a caution rather than a charge as it is for them to decide at the time, given all the circumstances. And yes the attitude test is a big part in it.
As I've already said as well the judge also has guidelines to work within and can vary between those, depending on mitigation etc.

But the fact remains there is no grace in law for running a vehicle beyond the expiry date of a test certificate except for taking for a pre booked MOT.

Insurance - agree that the company will not invalid the insurance - just adjust losses as it sees fit in each case.
It is possible to take out insurance on a vehcle without an MOT and tax.

Sat Jan 31, 2009 4:47 pm

thanks for the info guys!