MOT can i drive without (HELP)

[Pete.]

Hi, This is the difference between "spirit" and "letter" of the law. No distance is specified, so the other side of town is no problem,The other side of the country is still OK but an individual copper may think you're taking the wee wee, but another may not. It's the insurance that will get flagged up on an ANPR, so leave it 3 or 4 days for the system to get updated. If you get a fail you're then allowed to take it to a place of repair.

Colin

The letter of the law is what they will have to use at court. All of Tig Paul's three examples could have been challenged, just because the Swansea Shysters decided to make a few quid out of it doesn't make it rightly done. If I had been stopped I would have taken it to court and asked for the law to be spelt out to show where I went wrong.

As for trusting DVLA to do anything right - I'd rather take a cheque from a Nigerian shipping agent.

 

[rtbcomp]

From the Gov.co website

https://www.gov.uk/getting-an-mot/the-mot-test

"If your MOT has expired
You can’t drive your vehicle on the road if the MOT’s expired. You could be prosecuted if caught.

The only exception is if you’ve already booked an MOT and are driving your vehicle to the test centre."

They don't mention that you can take it for repair without a test, so that just shows how reliable they are!

This is the email I got from the DVLA

"It may help if I explain that there are certain circumstances when you can legally drive an untaxed vehicle or one that has been made SORN (Statutory Off Road Notification) on the public highway, providing you have valid insurance. I can confirm that this still applies after the 1st October 2014.

• to a pre-booked MOT test and home again
• to and from a garage for required remedial work to be undertaken following the failure to pass an MOT test, providing this is pre-booked

The journey to the MOT must be completed without any breaks."

Does this mean you can break your journey if you're taking it for repair?

 

[Pete.]

They can still seize your car for no tax mind - especially since now there's no need to produce an MOT cert to tax your vehicle. If you're driving a car on the road - even to MOT - better have tax or risk getting it seized. Could this be why Tig Paul's example No1 got seized?

 

[the snooper]

They can still seize your car for no tax mind - especially since now there's no need to produce an MOT cert to tax your vehicle. If you're driving a car on the road - even to MOT - better have tax or risk getting it seized. Could this be why Tig Paul's example No1 got seized?

you cant get tax without mot

 

[rtbcomp]

......... If you're driving a car on the road - even to MOT - better have tax or risk getting it seized......

A car has to have an MOT to tax it - they don't need the actual certificate because it will show up on the database. In fact the "certificate" you get now is really just a receipt - it isn't even embossed by the MOT station.

 

[Pete.]

Not any more you don't the law was changed in (I think) 2014. Might be late 2013 thinking about it. came as a surprise to me when I found out.

 

[the snooper]

Not any more you don't the law was changed in (I think) 2014.

you cant tax a vehicle if it wont have a valid mot on the day the tax starts ie you can only now tax a vehicle 4 days before the current tax is due to expire if it wont have mot on 1st of the month you cant get the new tax

 

[rtbcomp]

From here https://www.gov.uk/vehicle-tax

"At the Post Office
Go to your local Post Office that deals with vehicle tax. You'll need to take:

• completed V11 reminder (or your V5C)
• MOT test certificate if required (must be valid when the tax starts)
• the payment shown on the reminder"

You don't need the MOT to renew by phone or on-line because it appears on the MOT database

 

[rtbcomp]

Don't forget that the tax expires as soon as you transfer ownership to a new owner. They then have to tax the car immediately. The previous owner gets an automatic refund from the DVLA (to the nearest month in the DVLA's favour).

 

[the snooper]

Don't forget that the tax expires as soon as you transfer ownership to a new owner. They then have to tax the car immediately. The previous owner gets an automatic refund from the DVLA (to the nearest month in the DVLA's favour).

and what a total rip off that was, they are going to make millions from it

 

[Pete.]

Yes I read that at the time too, but the person who posted of the dropping of the requirement for MOT acknowledged it then linked to the actual legislation which showed the .gov website in error. The problem is I can't find the original post from more than a year ago. I'll put a little effort into it but not too much.

 

[the snooper]

Yes I read that at the time too, but the person who posted of the dropping of the requirement for MOT acknowledged it then linked to the actual legislation which showed the .gov website in error. The problem is I can't find the original post from more than a year ago. I'll put a little effort into it but not too much.

I wouldn't waste your time

 

[Pete.]

If you drive DIRECTLY to the booked MOT you are OK. I was done some years ago for no MOT as I stopped at a cash machine on the way, so that I could pay for the booked MOT - and it wasn't a detour

This guy stopped for fuel AND cigs separately on the way to MOT. They tried to do him for no tax for the same reason as you (not going directly to MOT) because of the stop-offs but it got thrown out:

http://www.rjerrard.co.uk/law/cases/richards.htm

 

[vw1]

My head is buzzing now , car is mine and has been sorn for one year I serviced it etc and now time for mot , as some has said you can tax it without Mot but am not sure you can .. Well Mot is tomorrow morning so will let you all know how I get on etc ..

 

[PTvor]

I'd insure it, make an appointment for a MOT with a local garage, go there by a reasonably direct route, and not worry about it too much.

 

[the snooper]

I'd insure it, make an appointment for a MOT with a local garage, go there by a reasonably direct route, and not worry about it too much.

I agree, the thread has gone off on one now about getting newly bought cars home on the cheap using an mot as an excuse

 

[Pete.]

My head is buzzing now , car is mine and has been sorn for one year I serviced it etc and now time for mot , as some has said you can tax it without Mot but am not sure you can .. Well Mot is tomorrow morning so will let you all know how I get on etc ..

So is mine, because if you use search you'll find posts on various legal/police forums stating that the vehicle must be taxed no matter what but then if you read http://www.legislation.gov.uk/ukpga/1994/22/schedule/2 in section 22 it quite clearly says you're exempt from VED on the way to and from a compulsory test (or re-test).

22(1)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a)submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test [F45, a vehicle identity check][F46, a vehicle weight test or a reduced pollution test], or

(b)bringing it away from [F47any such test][F48or check].

[F49(1A)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a)taking it (by previous arrangement for a specified time on a specified date) for a relevant re-examination, or

(b)bringing it away from such a re-examination.]

 

[Fazerruss]

I'll throw another one into the mix... You can legally drive a vehicle on the road that has no mot, no tax, or even number plates that is yet to be registered with dvla if it is going for a pre booked iva test and is insured.

 

[PTvor]

So is mine, because if you use search you'll find posts on various legal/police forums stating that the vehicle must be taxed no matter what but then if you read http://www.legislation.gov.uk/ukpga/1994/22/schedule/2 in section 22 it quite clearly says you're exempt from VED on the way to and from a compulsory test (or re-test).

22(1)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a)submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test [F45, a vehicle identity check][F46, a vehicle weight test or a reduced pollution test], or

Solely for he purpose of.....

Well if you've dropped off on the way to go shopping at a supermarket, the journey's not solely for the purpose of taking it to a prearranged test at a specific place and time.

Buying petrol on the way might be a necessary part of the journey. Buying fags as well is straying into the journey not being solely about taking the car to or from a test.

If you're miles away from your home and the test place, you'd have a hard time arguing that the journey was solely for the purpose of taking the car to a test.

You're clearly exempt from VED, if you are taking the car to a prearranged test and doing it in such a way that you are not using a quite reasonable exemption for purposes other than it was designed for.

Now you might be stopped by a bloody minded copper who chose to argue that your reasonably direct route wasn't direct enough and there were more local garages, and buying a packet of fags at the same time as petrol, wasn't using the journey solely for purpose of the test, but the chances are quite small.

 

[Pete.]

As I said in post #33 it was tested in court and the judge threw out DVLA's appeal.

On the facts of this case, it is ridiculous if a driver could not stop to obtain petrol on the way. it would fly in the face of common sense if some short stop cannot be made by the driver, for whatever purpose, providing he is on his way to the test station.