Obelix Posted September 1, 2011 Share Posted September 1, 2011 So where did you study law? I have a Clerk to the Justices for that.... Link to comment Share on other sites More sharing options...
Obelix Posted September 1, 2011 Share Posted September 1, 2011 Albeit that you are 100% correct, you would have better success mating an elephant with a whale, than getting some folk on this forum to understand common sense. Well elephants evolved from a protowhale, so there is perhaps just a faint hope that one day it may be possible to do just that.... Link to comment Share on other sites More sharing options...
puisseguin Posted September 1, 2011 Share Posted September 1, 2011 Yes he was in his rights to do so if it was unfit to drive but should have given you the option to have it taken by pickup and given you fail sheet and other documents stating unfit for road use.Had to do that many times especaily with Reliants. He actually did that, but one better. He delivered it on his lowloader for about £20. Interestingly this is scanned from the back of the fail certificate. You can drive a car without an MOT to and from a PRE BOOKED test, but you can still be prosecuted for driving an unfit vehicle if that is the case. YOUR VEHICLE HAS FAILED THE TEST PLEASE READ THE FOLLOWING NOTES 1.Your vehicle does not meet the legal requirements. If you intend to continue to use it on the road you should have it repaired without delay. 2.It is an offence to use on a public road a vehicle of testable age that does not have a current test certificate, except when -taking it to a testing station for test BOOKED IN ADVANCE -bringing it away from a testing station after it has failed the test -taking it to or bringing it away from a place where by PREVIOUS ARRANGEMENT repairs are to be or have been made to remedy the defects for which the vehicle was failed. Even in the above circumstances you may still be prosecuted for driving an unroadworthy vehicle if it does not comply with the Regulations affecting its construction and use. Additionally the insurance may not be valid. 3. If you do not agree with the refusal to issue a test certificate, you may appeal. IF YOU WISH TO APPEAL against all or any of the grounds for refusal, you must use a special form (VT17) which you can get from any testing station or from a Vehicle & Operator Services Agency local office. The completed form with the current appeal fee must be received at the Vehicle & Operator Services Agency local office within 14 working days pf the date of the refusal notice. If your appeal is successful the fee, or if appropriate part of it, may be returned to you. DO NOT HAVE YOUR VEHICLE REPAIRED before any appeal test is carried out. Any change in the condition of the vehicle may affect the outcome. 4. The fees charged for the re-examination vary according to the following circumstances:- NO FEE a. If the vehicle is left at a station that undertakes repairs for repair and re-examination NO FEE* b. If the vehicle is brought back to the station and re-examined before the end of the next working day on one or more of the following items: ABS WARNING, BOOTLID, BRAKE PEDAL ANTISLIP, DIRECTION INDICATORS/HAZARD WARNING, DOORS, DROPSIDES, LOADING DOOR, MIRRORS, REAR REFLECTORS, REGISTRATION PLATES, SEAT BELTS (but not anchorages), SEATS, SHARP EDGES OR PROJECTIONS, STEERING WHEEL, TAILBOARD, TAILGATE, VIN No, HORN, HEADLAMP AIM, LAMPS, EMISSIONS, FUEL FILLER CAP, WINDSCREEN and WINDSCREEN WIPERS AND WASHER. WHEELS AND TYRES* (Partial Re-examination) *Not applicable to Motor Bicycles **Only one free re-examination is permissible per MOT NO FEE c. If the vehicle leaves the testing premises and returns for a re-examination on an item or items other than those listed at 4b above, the vehicle must be fully inspected on all testable items before a test certificate can be issued. This applies even if a "free retest" is offered for marketing reasons. (Full Examination) 5. Details of the current fees are available from any testing station, where a poster is required to be displayed, or from any Vehicle & Operator Services Agency local office. The INSPECTION MANUALS are comprehensive instruction to the inspection procedures applied during the MOT test and set out in detail the statutory requirements that vehicles have to meet, the methods of inspection and the reasons for failure. The above Manuals and Test Guide may be purchased by post from the Vehicle & Operator Services Agency P.O. Box 12, Swansea, SA1 1BP Link to comment Share on other sites More sharing options...
puisseguin Posted September 1, 2011 Share Posted September 1, 2011 I have a Clerk to the Justices for that.... In other words you have no legal training whatsoever. Well perhaps you should ask The Clerk to the Justices to explain to you very slowly the difference between driving a car to and from an MOT test station and driving an unroadworthy vehicle. Link to comment Share on other sites More sharing options...
Obelix Posted September 1, 2011 Share Posted September 1, 2011 Just as a matter of interest would you point out where I claimed to have studied law? Perhaps you may like to consider that the offence of an unroadworthy vehicle can occur at any time, and failing an MOT does not automatically mean that a vehicle is unroadworthy. Link to comment Share on other sites More sharing options...
puisseguin Posted September 1, 2011 Share Posted September 1, 2011 Just as a matter of interest would you point out where I claimed to have studied law? Perhaps you may like to consider that the offence of an unroadworthy vehicle can occur at any time, and failing an MOT does not automatically mean that a vehicle is unroadworthy. I didn't say you had claimed to have studied law. However from you forthright assertion that any one who did not agree with your OPINION must be stupid. It implied that you knew for a fact that what you were posting was indeed fully correct. It is pretty clear that what you were posting was far from factual and your OPINION no more valid than anyone elses. I just wonder how this post of your's fits in with the back of a current fail certificate. "Originally Posted by Obelix 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." Link to comment Share on other sites More sharing options...
Obelix Posted September 1, 2011 Share Posted September 1, 2011 Because, as I said, time and time again - failing an MOT does not mean that a vehicle automatically is unroadworthy..... Now that is a statement of fact, backed up with statue law to prove it as has been referenced. Your assertion from an MOT sheet doesn't back your position up (notice how it says "may") and your opinion is incorrect, as has been proven. Link to comment Share on other sites More sharing options...
puisseguin Posted September 1, 2011 Share Posted September 1, 2011 Because, as I said, time and time again - failing an MOT does not mean that a vehicle automatically is unroadworthy..... Now that is a statement of fact, backed up with statue law to prove it as has been referenced. Your assertion from an MOT sheet doesn't back your position up (notice how it says "may") and your opinion is incorrect, as has been proven. All the wording on the DVLA website or any other documentation is as an extension of the Road Traffic Act. So it says that it is OK to drive a car to and from an MOT station without a tax disk. That is all it says. It doesn't alter the fact that a car must at all times conform to RTA requirements. It doesn't exempt you from them. So you can't drive back at 60 mph on the wrong side of the road either. So it is illegal to drive a failed car home without MOT on the roads if it is unroadworthy, which it would be regardless of what it had failed on. But if you are stopped for a failed sidelight the police might well turn a blind eye, but certainly wouldn't if it were a bald tyre. But don't let me stop you using google and then posting it as some sort of personal expertise. But you might point that out to others who might believe the incorrect information that you post and as a consequence have their car seized. Perhaps you should run that one by The Clerks to the Justices. Link to comment Share on other sites More sharing options...
Obelix Posted September 1, 2011 Share Posted September 1, 2011 This post started where I siad you can drive to and from an MOT without tax. People have then tried to justify their position my shouting about legalities of unroadworthy vehicles to make up for their errors in assuming you needed tax. That then went on to insurance and again people made errors there.... It's illegal to drive a car home with an MOT if you pass and it's unroadworthy. An MOT won't find all unroadworthy items - you could have a cracked spring, or structural corrosion in a place that cannot be seen for example. I'm still unsure what you consider I have posted is wrong. I think you are coming from the point that Failed MOT== unroadworthy which is plain and simply wrong. I still havent seen a statement from you as to what you consider I have posted incorrectly. You merely weighed in at post 69 and havent address anything I have said. Would you care to state that? Link to comment Share on other sites More sharing options...
puisseguin Posted September 1, 2011 Share Posted September 1, 2011 It's illegal to drive a car home with an MOT if you pass and it's unroadworthy. An MOT won't find all unroadworthy items - you could have a cracked spring, or structural corrosion in a place that cannot be seen for example. This is correct apart from an MOT will find both those items. But let's not quibble. It is illegal to drive an unroadworthy vehicle on the public highway unless it is going to an MOT Station. And even then if the unroadworthiness extends beyond simply not having an up to date MOT and tax disk the driver could face prosecution. I'm still unsure what you consider I have posted is wrong. I think you are coming from the point that Failed MOT== unroadworthy which is plain and simply wrong. I still havent seen a statement from you as to what you consider I have posted incorrectly. You merely weighed in at post 69 and havent address anything I have said. Would you care to state that? Sorry you don't win a coconut this time. 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.. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.