Obelix Posted August 31, 2011 Share Posted August 31, 2011 Well as the law stands a test station would be breaking the law if they allowed you to drive away in a vehicle that they considered not roadworthy. I don't think they would. They are not your brothers keeper etc Link to comment Share on other sites More sharing options...
willman Posted August 31, 2011 Share Posted August 31, 2011 Jeez after all that's been said. IT'S NOT ILLEGAL! Read the website - it says in big letters it is permissible to drive a car without TAX without an MOT to a prebooked test! If the car fails an MOT you are permitted to take it via road to a place of repair be that your house or a garage. If you think otherwise please cite an appropriate authoritative source instead of just spouting FUD and making life difficult for people. If you read the post - the statement followed the question about insurance. Most insurers require an mot and tax - usually you agree to that when you get insurance. If the car fails the mot you aren't complying with your insurance, That makes everything you have completely invalid and illegal,doesn't it?. Does that make it clearer. Link to comment Share on other sites More sharing options...
laineyiow Posted August 31, 2011 Share Posted August 31, 2011 Well as the law stands a test station would be breaking the law if they allowed you to drive away in a vehicle that they considered not roadworthy. foxy lady not sure where you got this from but a test station can ADVISE you not to drive away a vehicle in an unroadworthy condition but they cannot actually stop you from driving it away. That decision is entirely up to the owner of the said vehicle. If then that driver has an accident then he is liable and would in all probability be prosecuted for driving knowing the vehicle to be defective and unfit for road use and could even include an offence of dangerous driving. But the actual test station would not be breaking the law in allowing the driver to drive the vehicle away as long as they advised the driver of its condition. Link to comment Share on other sites More sharing options...
Obelix Posted August 31, 2011 Share Posted August 31, 2011 I'd read the post thanks. If your insurer requires an MOT how do you insure a car less than 3 years old then? An insurer cannot abrogate third party risks like that. They may for the fully comprehensive cover but they cannot sidestep the third party liability. See the RTA1988. Ergo you have the third party cover needed. Does that make it clearer? Link to comment Share on other sites More sharing options...
foxy lady Posted August 31, 2011 Share Posted August 31, 2011 I don't think they would. They are not your brothers keeper etc What utter twaddle. The MOT station has a legal obligation with regard to releasing an unroadworthy vehicle. In effect they are aiding and abetting. If they thought that a vehicle should not be driven away they would certainly not hand over the keys until the driver had signed to say he understood and accepted all the inherent risks, and in the meantime the manager would have rung the police. Link to comment Share on other sites More sharing options...
truman Posted August 31, 2011 Share Posted August 31, 2011 What utter twaddle. The MOT station has a legal obligation with regard to releasing an unroadworthy vehicle. In effect they are aiding and abetting. If they thought that a vehicle should not be driven away they would certainly not hand over the keys until the driver had signed to say he understood and accepted all the inherent risks, and in the meantime the manager would have rung the police. Out of intetest can you put up a link with the regulation that states this? Link to comment Share on other sites More sharing options...
Chumley Posted August 31, 2011 Share Posted August 31, 2011 If you are changing a car the day after the road tax has run out and have proof that you are taking your car in part exchange then you can still be fined, it depends on the police officer. The DVLA said that the only way to be certain of avoiding being pulled over is to tax the vehicle, so depending on your vehicle could cost over £100 just to take your vehicle in for part exchange. They ought to allow people to take a vehicle in for part exchange without risk of prosecution as long as it is only the day after the tax has expired and of course that they have proof of the sale. It would only cost £7 plus one month's tax (so around £20 total for an average car), as you could send the disc in for a refund once you've part-exed. Link to comment Share on other sites More sharing options...
foxy lady Posted August 31, 2011 Share Posted August 31, 2011 Out of intetest can you put up a link with the regulation that states this? Our wonderful law makers love to leave vaguaries in the regs. But here goes.. http://www.motorlawyers.co.uk/offences/vehicle_tax.htm Vehicle Tax/Road Fund Licence/SORN In order to use a vehicle on the road, you need to display a valid vehicle excise licence tax disc. These are purchased from the Post Office/Licensing Centres and now online via the DVLA website. Road fund licences last for either 6 or 12 months. The tax disc must be clearly displayed, normally to the left lower corner of the windscreen on cars or to the front of the vehicle on most motorcycles.Some vehicles are exempt (see below) whereas others still need to display a tax disc, although this is provided free of charge.To obtain a tax disc, you will need valid insurance, MOT certificate (if the vehicle is more than 3 years old) and proof of ownership; normally the log book or the tax disc reminder sent by the DVLA. Without these, the Post Office will no longer issue a tax disc. When is a private vehicle exempt from displaying a tax disc? Private vehicles are exempt in exceptional circumstances which are: 1. Travelling to an approved MOT test centre for a pre–booked MOT. Pre–booked is where the time and date of the test is established in advance. It does not mean setting off 3 days in advance to a test centre on the other side of the country. If you are using this exemption, the reasonableness of the journey will be challenged. 2. On the MOT test itself (although nowadays there should be no reason for anyone other than the tester to be in/on the vehicle) if it is actually necessary to take it on a public road. 3. After failing a MOT test, for the purpose of taking the vehicle to a pre–booked appointment at a garage to have the work carried out that caused the MOT failure. It follows that in theory, if your vehicle fails the MOT test, you cannot actually take it home! The crux of the matter concerns the failure certificate. If the station feels that the vehicle should not be driven they will state that on the failure certificate. If the vehicle owner ignores that advice a crime would be commited and the station obligated to report that crime. Link to comment Share on other sites More sharing options...
truman Posted August 31, 2011 Share Posted August 31, 2011 Our wonderful law makers love to leave vaguaries in the regs. But here goes.. http://www.motorlawyers.co.uk/offences/vehicle_tax.htm Vehicle Tax/Road Fund Licence/SORN In order to use a vehicle on the road, you need to display a valid vehicle excise licence tax disc. These are purchased from the Post Office/Licensing Centres and now online via the DVLA website. Road fund licences last for either 6 or 12 months. The tax disc must be clearly displayed, normally to the left lower corner of the windscreen on cars or to the front of the vehicle on most motorcycles.Some vehicles are exempt (see below) whereas others still need to display a tax disc, although this is provided free of charge.To obtain a tax disc, you will need valid insurance, MOT certificate (if the vehicle is more than 3 years old) and proof of ownership; normally the log book or the tax disc reminder sent by the DVLA. Without these, the Post Office will no longer issue a tax disc. When is a private vehicle exempt from displaying a tax disc? Private vehicles are exempt in exceptional circumstances which are: 1. Travelling to an approved MOT test centre for a pre–booked MOT. Pre–booked is where the time and date of the test is established in advance. It does not mean setting off 3 days in advance to a test centre on the other side of the country. If you are using this exemption, the reasonableness of the journey will be challenged. 2. On the MOT test itself (although nowadays there should be no reason for anyone other than the tester to be in/on the vehicle) if it is actually necessary to take it on a public road. 3. After failing a MOT test, for the purpose of taking the vehicle to a pre–booked appointment at a garage to have the work carried out that caused the MOT failure. It follows that in theory, if your vehicle fails the MOT test, you cannot actually take it home! The crux of the matter concerns the failure certificate. If the station feels that the vehicle should not be driven they will state that on the failure certificate. If the vehicle owner ignores that advice a crime would be commited and the station obligated to report that crime. I'm sorry but your last sentence doesn't seem to be covered in the link you gave..where does it say the MOT station must inform the police of anything?What happens if your home is the place of repair for your vehicle..are you now saying I can't repair my car at home should it fail? "Why you need an MOT certificate 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 an MOT test booked in advance •bringing it away from a test station after it has failed the MOT test, to a place of repair •taking it to a place, by previous arrangement, where problems that caused the vehicle to fail its MOT test, can be repaired •bringing it away from a place where the problems with the vehicle have been repaired" The above is from the government web site http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Mot/DG_4022108 That seems to say I can drive it home for repair.. Link to comment Share on other sites More sharing options...
Conrod Posted August 31, 2011 Share Posted August 31, 2011 Truman has it right above. I once took a car to a garage for MOT and they couldn't fit it onto their test ramp becasue it was a very oow sports car, so I re-booked elsewhere and headed off but was delayed in traffic, so (having rung the second garage to confirm it was too late for them to perform the test) headed home. On the way home I was pulled, and the Policeman gave me a ticket which was later overturned because I could demonstrate good reason for being on the road without an MOT or tax. The convoluted journey from one MOT station to another, via my house overnight, was quite satisfactory to DVLA. (And remember it is DVLA, not the Police, who decide these things - the Police can only report you to DVLA who then decide whether or not to prosecute). Link to comment Share on other sites More sharing options...
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