How to shift car without MOT

How to shift car without MOT

Author
Discussion

chungasarnies

Original Poster:

155 posts

125 months

Tuesday 8th April 2014
quotequote all
Ok I know there's 100 threads about this, so I'll keep it brief.

I have been offered a car which has just failed it's MOT on a few points. It's 50 miles away. If I can get it to a friend's house (where most of our kit is kept) we can have it fixed up in a couple of hours and for probably 1/3 of the cost at a garage.

Would I be justified in taking it for a prebooked MOT at the nearest garage to him (say 45 miles from where the car is currently), and driving it straight to my mate's house afterwards, knowing full well it was going to fail?

£35 quid for a wasted MOT is more affordable atm than the 100+ quid I've been quoted to stick it on a trailer...

Cheers

Megaflow

9,383 posts

225 months

Tuesday 8th April 2014
quotequote all
Surely you mean your driving it to the MOT station near your mates house because you didn't trust the result of the first one and want a second opinion?

wink

Assuming of course it's safe to drive, etc.

chungasarnies

Original Poster:

155 posts

125 months

Tuesday 8th April 2014
quotequote all
Megaflow said:
Surely you mean your driving it to the MOT station near your mates house because you didn't trust the result of the first one and want a second opinion?

wink

Assuming of course it's safe to drive, etc.
Well, that's one way of putting it.. it failed on corroded brake pipe, CV joint gaiter, drop link dust cover and wheel bearing. Cheap to fix, but I don't know how that would pan out if I was pulled

Megaflow

9,383 posts

225 months

Tuesday 8th April 2014
quotequote all
Ah, I wouldn't want to risk it with a corroded brake pipe.

chungasarnies

Original Poster:

155 posts

125 months

Tuesday 8th April 2014
quotequote all
Now been quoted 60 quid to trailer it. Probably will be just as cheap once I've paid for day insurance. Nightmare!

Jimmyarm

1,962 posts

178 months

Tuesday 8th April 2014
quotequote all

You may drive a car to a place of repair once it's failed an MOT....

£60 transport is pretty cheap though smile

chungasarnies

Original Poster:

155 posts

125 months

Tuesday 8th April 2014
quotequote all
Jimmyarm said:
You may drive a car to a place of repair once it's failed an MOT....
Does 'my mate's driveway' come under that though wink

Jimmyarm

1,962 posts

178 months

Tuesday 8th April 2014
quotequote all
chungasarnies said:
Does 'my mate's driveway' come under that though wink
That was always my understanding, "You may drive it to/from a pre-arranged MOT test or to/from a place of repair"

However, this seems to say different;

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

Now it is saying a 'garage', I am 99% certain that there was never that restriction previously as how would one drive ones own vehicle home to repair it when having the MOT test at a council station or if you did the work yourself.

Anyone else remember it being different ?

ETA; infact, that can't be correct as according to that you can't even drive it home after a test. I don't seem to have 100's of cars abandoned at work so something must be amiss..

Edited by Jimmyarm on Tuesday 8th April 19:13

aw51 121565

4,771 posts

233 months

Tuesday 8th April 2014
quotequote all
UK Law is The Law; gov.uk is guidance aimed at the lowest common denominator (how dare we get our cars repaired somewhere else other than a garage? hehe ) ? wink

Situation hasn't changed... A "place of repair" is wherever the repairs will be carried out, and if that's someone's driveway then thumbup !

Jimmyarm

1,962 posts

178 months

Tuesday 8th April 2014
quotequote all
aw51 121565 said:
UK Law is The Law; gov.uk is guidance aimed at the lowest common denominator (how dare we get our cars repaired somewhere else other than a garage? hehe ) ? wink

Situation hasn't changed... A "place of repair" is wherever the repairs will be carried out, and if that's someone's driveway then thumbup !
It's pretty stupid that they have written what they have on the Gov.uk website, its quite specific in that you can only drive a car 'to' an MOT Test or 'to' a prearranged appointment at a 'Garage' for repair which reads as literally that and not away from either.

Where does one read the relevant 'law' surrounding this ? I've read the relevant RTA section about this a couple of times but can never find it specifically saying anything about driving to/from a test before my brain turns to mush frown

chungasarnies

Original Poster:

155 posts

125 months

Wednesday 9th April 2014
quotequote all
Bit of a grey area then. So I reckon I'd be ok with my original idea of having a test booked in, but it leaves the question of whether the motor is roadworthy - It's an '02 plate Ford Puma with 104k (but it is free biggrin)

Red Devil

13,060 posts

208 months

Wednesday 9th April 2014
quotequote all
Jimmyarm said:
Where does one read the relevant 'law' surrounding this ? I've read the relevant RTA section about this a couple of times but can never find it specifically saying anything about driving to/from a test before my brain turns to mush frown
You can't find it because it's not in the RTA, so you're looking in the wrong place.
http://www.legislation.gov.uk/ukpga/1994/22/schedu... - Section 22

SS2.

14,461 posts

238 months

Wednesday 9th April 2014
quotequote all
Jimmyarm said:
Where does one read the relevant 'law' surrounding this ?
It's here..

Motor Vehicle Tests Regulations 1981 said:
6. Exemptions

(2) Pursuant to section 44(6) the Secretary of State hereby exempts from section 44(1) for use of a vehicle;

(a) (i) for the purpose of submitting it by previous arrangement for, or bringing it away from, an examination, or

(ii) in the course of an examination, for the purpose of taking it to, or bringing it away from, any place where a part of the examination is to be or, as the case may be, has been, carried out, or of carrying out any part of the examination, the person so using it being either—

(A) an examiner, or a Ministry Inspector or an inspector appointed by a designated council, or

(B) a person acting under the personal direction of an examiner, a Ministry
Inspector or a designated Council, or

(iii) where a test certificate is refused on an examination—

(A) for the purpose of delivering it by previous arrangement at, or bringing it away from, a place where work is to be or has been done on it to remedy for a further examination the defects on the ground of which the test certificate was refused; or

(B) for the purpose of delivering it, by towing it, to a place where the vehicle is to be broken up;

(b) for any purpose for which the vehicle is authorised to be used on roads by an order under section 42;

(c) where the vehicle has been imported into Great Britain, for the purpose of its being driven after arrival in Great Britain on the journey from the place where it has arrived in Great Britain to a place of residence of the owner or driver of the vehicle;

(d) for the purpose of removing it in pursuance of section 3 of the Refuse Disposal (Amenity) Act 1978 of moving or removing it in pursuance of regulations under section 20 of the Road Traffic Regulation Act 1967 as altered by the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967 or of removing it from a parking place in pursuance of an order
under section 31(1) of the Road Traffic Regulation Act 1967, an order relating to a parking place designated under section 35 thereof, or a provision of a designation order having effect by virtue of section 39(2) thereof;

(e) where the vehicle has been detained or seized by a police constable, for police purposes connected with such detention or seizure;

Megaflow

9,383 posts

225 months

Wednesday 9th April 2014
quotequote all
SS2. said:
Jimmyarm said:
Where does one read the relevant 'law' surrounding this ?
It's here..

Motor Vehicle Tests Regulations 1981 said:
6. Exemptions

(2) Pursuant to section 44(6) the Secretary of State hereby exempts from section 44(1) for use of a vehicle;

(a) (i) for the purpose of submitting it by previous arrangement for, or bringing it away from, an examination, or

(ii) in the course of an examination, for the purpose of taking it to, or bringing it away from, any place where a part of the examination is to be or, as the case may be, has been, carried out, or of carrying out any part of the examination, the person so using it being either—

(A) an examiner, or a Ministry Inspector or an inspector appointed by a designated council, or

(B) a person acting under the personal direction of an examiner, a Ministry
Inspector or a designated Council, or

(iii) where a test certificate is refused on an examination—

(A) for the purpose of delivering it by previous arrangement at, or bringing it away from, a place where work is to be or has been done on it to remedy for a further examination the defects on the ground of which the test certificate was refused; or

(B) for the purpose of delivering it, by towing it, to a place where the vehicle is to be broken up;

(b) for any purpose for which the vehicle is authorised to be used on roads by an order under section 42;

(c) where the vehicle has been imported into Great Britain, for the purpose of its being driven after arrival in Great Britain on the journey from the place where it has arrived in Great Britain to a place of residence of the owner or driver of the vehicle;

(d) for the purpose of removing it in pursuance of section 3 of the Refuse Disposal (Amenity) Act 1978 of moving or removing it in pursuance of regulations under section 20 of the Road Traffic Regulation Act 1967 as altered by the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967 or of removing it from a parking place in pursuance of an order
under section 31(1) of the Road Traffic Regulation Act 1967, an order relating to a parking place designated under section 35 thereof, or a provision of a designation order having effect by virtue of section 39(2) thereof;

(e) where the vehicle has been detained or seized by a police constable, for police purposes connected with such detention or seizure;
Interesting. No mention of a garage in there, just where to a place where work is to be done, doesn't make any demands on what that place must be at all.

If your confident the brake pipe won't fail, and the car is road worthy, I'm not sure there is any need for the second MOT.

That said I'd take a copy of that website extract with you just in case you come across the BiB

Rick101

6,964 posts

150 months

Wednesday 9th April 2014
quotequote all
I think there is an understanding of taking it to a pre booked MOT (within a reasonable distance).

Better off trailering it.

Engineer1

10,486 posts

209 months

Wednesday 9th April 2014
quotequote all
Megaflow said:
Ah, I wouldn't want to risk it with a corroded brake pipe.
I had advisories for brake pipes that resolved themselves at the next MOT. But if it failed on Brake Pipes unless you have changed them you are on a sticky wicket if the police pull you over. Book it in for an MOT near your mates and drive there but only after you have looked over the car, if it is unroadworthy then even with the driving to an MOT exception you are in serious trouble.

Edited by Engineer1 on Wednesday 9th April 08:27

chungasarnies

Original Poster:

155 posts

125 months

Wednesday 9th April 2014
quotequote all
Engineer1 said:
I had advisories for brake pipes that resolved themselves at the next MOT. But if it failed on Brake Pipes unless you have changed them you are on a sticky wicket if the police pull you over. Book it in for an MOT near your mates and drive there but only after you have looked over the car, if it is unroadworthy then even with the driving to an MOT exception you are in serious trouble.

Edited by Engineer1 on Wednesday 9th April 08:27
Exactly this. If I start poking around and find out they're as bad as you suggest there's still nowt I can do about it where the car is currently. Better off trailering it overall. It'll be Sod's law that the bearing will fail and the wheel will blow off on the A1 biggrin

SS2.

14,461 posts

238 months

Wednesday 9th April 2014
quotequote all
Rick101 said:
I think there is an understanding of taking it to a pre booked MOT (within a reasonable distance).
The 'reasonable distance' thing is a myth - there's no mention of distance restrictions or requirements within any of the relevant legislation.

littleredrooster

5,537 posts

196 months

Wednesday 9th April 2014
quotequote all
Rick101 said:
I think there is an understanding of taking it to a pre booked MOT (within a reasonable distance).

Better off trailering it.
For the umpteenth time...there's no mention of distance in the regs. Why do people insist on repeating this myth every week on here?

chungasarnies

Original Poster:

155 posts

125 months

Wednesday 9th April 2014
quotequote all
littleredrooster said:
For the umpteenth time...there's no mention of distance in the regs. Why do people insist on repeating this myth every week on here?
I think that's down to one of these .gov type websites stating something along those lines...but yes, I don't think there's an MOT thread on here where someone doesn't say it