foxy lady Posted August 31, 2011 Share Posted August 31, 2011 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.. Hey that's fine by me. You do exactly what you want. I am merely stating the law. UK law is a wonderfull thing. It states all the relevant rules but leaves it up to courts how it is interpretted. So it is rather like the father being informed that his 15 year old son has been stopped driving the family car. The police will ask if the car was stolen. If the father says no then he is guilty of allowing an underaged, uninsured and unlicenced driver to use his vehicle. If not the son is guilty of theft. Simple.. So if an MOT station allows an unroadworthy vehicle to be driven away they are aiding and abetting a crime. If that vehicle is involved in a fatal accident due to the faults, then the test station are in deep trouble for allowing it to be driven away. Similarly the driver would be in deep trouble and his insurance company would not be impressed either. Link to comment Share on other sites More sharing options...
truman Posted August 31, 2011 Share Posted August 31, 2011 Hey that's fine by me. You do exactly what you want. I am merely stating the law. UK law is a wonderfull thing. It states all the relevant rules but leaves it up to courts how it is interpretted. So it is rather like the father being informed that his 15 year old son has been stopped driving the family car. The police will ask if the car was stolen. If the father says no then he is guilty of allowing an underaged, uninsured and unlicenced driver to use his vehicle. If not the son is guilty of theft. So if an MOT station allows an unroadworthy vehicle to be driven away they are aiding and abetting a crime. If that vehicle is involved in a fatal accident due to the faults, then the test station are in deep trouble for allowing it to be driven away. Similarly the driver would be in deep trouble and his insurance company would not be impressed either. If it's breaking the law how do you explain the government info on the web site I linked to on my earlier post?It says the car can be driven to a place of repair....doesn't say garage... Link to comment Share on other sites More sharing options...
Obelix 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. No they don't. Please indicate where in law they have such an obligation. Under UK law every action is permitted unless specifically denied by statue or common law and as far as I know the only times you are *obliged* to report a crime are for things like misprison of treason and various offences detailed under the terrorism act. They certainly won't be committing the offence of aiding if they point out that what you are going to do will possibly be illegal as they invariably would. It certainly doesnt refer to MOT centres, and such a centre withholding your car keys is probably committing an offence under the theft act. Link to comment Share on other sites More sharing options...
Obelix Posted August 31, 2011 Share Posted August 31, 2011 UK law is a wonderfull thing. It states all the relevant rules but leaves it up to courts how it is interpretted. So it is rather like the father being informed that his 15 year old son has been stopped driving the family car. The police will ask if the car was stolen. If the father says no then he is guilty of allowing an underaged, uninsured and unlicenced driver to use his vehicle. If not the son is guilty of theft. Simple.. Very unsimple actually. I suggest you actually look at the conditions required for theft to have been committed as what you say would not meet the criteria. Link to comment Share on other sites More sharing options...
foxy lady Posted August 31, 2011 Share Posted August 31, 2011 If it's breaking the law how do you explain the government info on the web site I linked to on my earlier post?It says the car can be driven to a place of repair.... It can be if the fault is something like a non working sidelight and it isn't 2am. But that isn't the same as a car that is a danger to others. If you are stopped for driving an unroadworthy vehicle you are committing and offence even if that vehicle has a current MOT. If the unroadworthyness leads to a serious accident you are in even worse trouble, but you do have the defence of claiming to be unaware of.... That isn't the case if you knowingly take a dangerous vehicle on to the public highway. All of that is covered in other parts of the RTA. Link to comment Share on other sites More sharing options...
foxy lady Posted August 31, 2011 Share Posted August 31, 2011 No they don't. Please indicate where in law they have such an obligation. Under UK law every action is permitted unless specifically denied by statue or common law and as far as I know the only times you are *obliged* to report a crime are for things like misprison of treason and various offences detailed under the terrorism act. They certainly won't be committing the offence of aiding if they point out that what you are going to do will possibly be illegal as they invariably would. It certainly doesnt refer to MOT centres, and such a centre withholding your car keys is probably committing an offence under the theft act. I think the technical term is called covering one's arse. Link to comment Share on other sites More sharing options...
truman Posted August 31, 2011 Share Posted August 31, 2011 It can be if the fault is something like a non working sidelight and it isn't 2am. But that isn't the same as a car that is a danger to others. If you are stopped for driving an unroadworthy vehicle you are committing and offence even if that vehicle has a current MOT. If the unroadworthyness leads to a serious accident you are in even worse trouble, but you do have the defence of claiming to be unaware of.... That isn't the case if you knowingly take a dangerous vehicle on to the public highway. All of that is covered in other parts of the RTA. Ah.now you're changing the goalposts...?Whether or not you are aware of any major problem is irrelevant..you'd still get done for driving an unroadworthy car...this is a different argument to driving home after failing an MOT...do you still say that that is illegal? Link to comment Share on other sites More sharing options...
truman Posted August 31, 2011 Share Posted August 31, 2011 I think the technical term is called covering one's arse. It isn't a legal requirement though....there is a difference.. Link to comment Share on other sites More sharing options...
Obelix Posted August 31, 2011 Share Posted August 31, 2011 I think the technical term is called covering one's arse. What part of statue or common law is that detailed in then? Link to comment Share on other sites More sharing options...
foxy lady Posted August 31, 2011 Share Posted August 31, 2011 It isn't a legal requirement though....there is a difference.. Not at all. If an MOT station handed over the keys of a car with 3 bald tyres and allowed it to be driven away they would be committing an offence. Withholding they keys would not. Pretty much like taking the keys off a drunken driver compared to handing them to him. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.