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Old 11th April 2018, 19:42   #1
macafee2
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Default MOT contradiction

From this web site https://www.askthe.police.uk/content/Q600.htm

If your vehicle doesn't have an MOT you can drive it to or from a pre-arranged MOT or to or from a pre-arranged appointment to have defects remedied that were discovered on a previous test. You can drive your vehicle on a road without road tax in these circumstances.




The law makes no mention as to how far you can go but we would suggest that the distance is kept as short as possible because even though you are exempt from having a valid MOT certificate in the circumstances described above, if you are stopped by the police you could still be prosecuted for any defective parts on your vehicle e.g. exhaust, brakes and tyres etc

Bit of a contradiction????

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Old 11th April 2018, 19:47   #2
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I’d like to think common sense would prevail. Saying that I wouldn’t want to test it!!


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Old 11th April 2018, 22:35   #3
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Certainly a bit of a contradiction but not necessarily a huge one. Although it would be two offences (no MOT, defective vehicle), the consequences could be deemed far more serious. Few have died from the lack of a certificate…. Would assume if you were stopped you would be asked when and where your test was taking place.
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Old 11th April 2018, 22:43   #4
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As suggested, logic plays a part in this. There are separate offences for lack of MOT, dangerous condition, defective parts, defective vehicle, defective tyres. Sadly the fact that someone has a driving licence shows that they are licenced to drive a motor vehicle, it doesn't make them good at it or the interpretation of the regulations, let alone the law. In God We Trust - but other drivers I'm not sure about.
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Old 12th April 2018, 06:57   #5
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I asked my MOT tested exactly this question a while ago as some of the Jensens I do work on arrive on a trailer and I have drive them to him for am MOT.

He reckoned technically there is no limit, you could argue as long as it is not a dangerous fault you are driving it to a specialist. He has done prebooked MOT's on cars that have driven over an hour to get to him. Apparently as long as he has the reg and it on route to him when pulled over the Police can do nothing.
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Old 12th April 2018, 07:16   #6
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Quote:
Originally Posted by planenut View Post
As suggested, logic plays a part in this. There are separate offences for lack of MOT, dangerous condition, defective parts, defective vehicle, defective tyres. Sadly the fact that someone has a driving licence shows that they are licenced to drive a motor vehicle, it doesn't make them good at it or the interpretation of the regulations, let alone the law. In God We Trust - but other drivers I'm not sure about.
Thing is, an MOT is only an indication that the vehicle is safe and legal at the time of testing - theoretically anytime after an MOT if a dangerous fault occurs and the vehicle was involved in an accident or you get stopped by the police then you could still be prosecuted for driving a dangerous vehicle.

I know in the case of HGV/PCVs if you are stopped by VOSA and they find a defect with you vehicle you can get either a delayed prohibition or a straight, do not move prohibition. Again the criteria for this is probably more down to the safety - a noisy exhaust would probably be delayed, you have 14 days to rectify or a dangerous tyre in which case you're going nowhere until it's fixed.
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Old 12th April 2018, 07:21   #7
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Quote:
Originally Posted by SCP440 View Post
I asked my MOT tested exactly this question a while ago as some of the Jensens I do work on arrive on a trailer and I have drive them to him for am MOT.

He reckoned technically there is no limit, you could argue as long as it is not a dangerous fault you are driving it to a specialist. He has done prebooked MOT's on cars that have driven over an hour to get to him. Apparently as long as he has the reg and it on route to him when pulled over the Police can do nothing.


I have done this a few times, journeys of over 200 miles on the odd occasion, if you are sensible and like the above posts say, no dangerous defects then you should be able to argue your case successfully if challenged.
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Old 12th April 2018, 08:19   #8
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with the Tourer I have I know the exhaust is rusty but it may pass an mot, if not then the exhaust place is 2-3 of miles away. The journey there and back is when i'd get caught knowing my luck.

I'd hope that "common sense" would prevail and the first bit of info I posted in my OP would be taken into consideration.

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Old 12th April 2018, 08:41   #9
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More concerning to me is that, with my insurer at least (Admiral), they don't cover you unless your MOT is valid. So don't crash on your way to the MOT station, if you've let your MOT run out.
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Old 12th April 2018, 09:41   #10
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Quote:
Originally Posted by TBennet View Post
More concerning to me is that, with my insurer at least (Admiral), they don't cover you unless your MOT is valid. So don't crash on your way to the MOT station, if you've let your MOT run out.
The Ombudsman has repeatedly held that such a provision is unenforceable and it is very naughty of the insurer to include it and hope that the customer doesn’t know otherwise.
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