esme Posted September 2, 2011 Share Posted September 2, 2011 Mod Note Disagree with each other by all means, but keep the discussion civil please. Link to comment Share on other sites More sharing options...
Obelix Posted September 2, 2011 Share Posted September 2, 2011 Not at all because I qualified the first statement by adding that the vehicle needed to be completely roadworthy apart from the MOT certificate. So it is you that simply needs to go back to school, if you ever left it. It is very simple. 2 people take cars for MOT and one fails because of a side lamp not working the other because of 3 bald tyres. Both are issued with a fail certificate and both are stopped by police on the way home for failure to display. What do you think will happen to the 2 drivers? I assume you can think. I don't feed trolls. Get back under your bridge. Link to comment Share on other sites More sharing options...
Obelix Posted September 2, 2011 Share Posted September 2, 2011 Which is what I said in my post (33). A MOT test centre cannot hold back the keys of a vehicle if it is unroadworthy they can only advise the driver of this and it is then up to the driver as to whether or not he drives the vehicle away from the test centre. If that driver then has an accident then he is liable. The test centre will in all probability be asked to attend court for the prosecution as they will have on record that they told the driver that the vehicle was unroadworthy but that he chose to drive the car away against their advise. The MOT test centre would not be guilty of any misdemeanour. This is what happens in practice, although it is somewhat of a rareity. There was a case not that long back when a garage did withhold the keys and they were charged and convicted under the theft act. The car was held to have failed the MOT on corroded brake pipes but was still roadworthy at the time and could have legally been driven home. As I recall they actually went for extortion not theft, as the garage was withholding the keys to persuade the owner to have the work done there, despite the fact that he had all the tooling and kit at his house a few miles away where he could have done the work. Link to comment Share on other sites More sharing options...
puisseguin Posted September 2, 2011 Share Posted September 2, 2011 This is what happens in practice, although it is somewhat of a rareity. There was a case not that long back when a garage did withhold the keys and they were charged and convicted under the theft act. The car was held to have failed the MOT on corroded brake pipes but was still roadworthy at the time and could have legally been driven home. As I recall they actually went for extortion not theft, as the garage was withholding the keys to persuade the owner to have the work done there, despite the fact that he had all the tooling and kit at his house a few miles away where he could have done the work. But of course you can't provide a link to it because it never happened. I just love the idea of the owner of an unroadworthy vehicle that is bad enough for an MOT station to refuse to hand back the keys phoning the police to report it. So a copper turns up and says to Mr MOT man please give the chap his keys right now so that he can drive away in it and we can stop him 100 yards down the road. That is the funniest post I've yet seen on Sheffield Forum.:hihi::hihi: Link to comment Share on other sites More sharing options...
puisseguin Posted September 2, 2011 Share Posted September 2, 2011 I don't feed trolls. Get back under your bridge. Is the question too difficult for you or would answering it simply force you to admit that everything you have posted on the subject was wrong? It is a simple question so I'll ask it again. 2 people take cars for MOT and one fails because of a side lamp not working the other because of 3 bald tyres. Both are issued with a fail certificate and both are stopped by police on the way home for failure to display. What do you think will happen to the 2 drivers? I assume you can think. Link to comment Share on other sites More sharing options...
Obelix Posted September 2, 2011 Share Posted September 2, 2011 Which is what I stated quite a few posts ago. Your stance seems to have changed from earlier stating "It is illegal to drive an unroadworthy vehicle on the public highway unless it is going to an MOT Station", The story keeps changing in every post - s/he's still not answered that question and of course never will. Link to comment Share on other sites More sharing options...
Conrod Posted September 2, 2011 Share Posted September 2, 2011 . . . . . . . Failed MOT and a vehicle is unroadworthy. ie. It is not worthy for the road. That is not the same as a vehicle being dangerous. Unroadworthy means that it is not in compliance with the requirements of the RTA, and as one of the requirements for a vehicle older than 3 years is that they have a current MOT that vehicle is unroadworthy until it has..Interestingly, this quote comes from a government website: What Is An Unroadworthy Car? The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy:- steering and steering gear, brakes and braking systems, tyres, exhaust systems, seatbelts and seatbelt anchorages, general condition (corrosion, suspension etc). Link to comment Share on other sites More sharing options...
Obelix Posted September 2, 2011 Share Posted September 2, 2011 Interestingly, this quote comes from a government website: What Is An Unroadworthy Car? The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy:- steering and steering gear, brakes and braking systems, tyres, exhaust systems, seatbelts and seatbelt anchorages, general condition (corrosion, suspension etc). Which gives rise to the observation that a car may fail it's MOT on items, such as say a corroded brake pipe, yet be perfectly legal as far as roadyworthiness is concerned. Certain people of course don't understand this and get themselves into problems. Link to comment Share on other sites More sharing options...
terminator Posted September 2, 2011 Share Posted September 2, 2011 All i can say is if a vehicle had come to us unroadworthy and was to leave in that condition we would not have permision to hold the keys.We would have advised unless it was collected by pickup it would be reported if it was driven from the garrage.Then its upto them. Only time we have not given keys back is for none payments. Link to comment Share on other sites More sharing options...
puisseguin Posted September 6, 2011 Share Posted September 6, 2011 Which gives rise to the observation that a car may fail it's MOT on items, such as say a corroded brake pipe, yet be perfectly legal as far as roadyworthiness is concerned. Certain people of course don't understand this and get themselves into problems. That is totally wrong.When we test a car it fails if it isn't in compliance with the rules. If it has a corroded brake pipe that we think is an immediate danger it fails. That means in the opinion of the tester that car should not be on the road. If the pipe is only slightly corroded it passes and we advise on the pass certificate. That advises driver that it needs fixing as soon as possible. It is the same with tyres. If they are above the legal limit we can't fail a vehcile we can only advise even if they will be below the minimum in a few weeks. Link to comment Share on other sites More sharing options...
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