Driving to MOT test centre with no MOT not direct route
Discussion
Hi.
Son's car is booked in for MOT on Monday, has currently expired, now I know he can drive it to the MOT centre on most direct route. Issue is it has very low fuel so would need to go to petrol station first as I believe they can reject the test if low fuel.
Not even a 2 minute detour to closest petrol station so if he was unlucky enough to get stopped by police during this journey would he be prosecuted?
Been a while since I've had a car that needs to have an MOT so not sure myself.
Car is insured and taxed.
Son's car is booked in for MOT on Monday, has currently expired, now I know he can drive it to the MOT centre on most direct route. Issue is it has very low fuel so would need to go to petrol station first as I believe they can reject the test if low fuel.
Not even a 2 minute detour to closest petrol station so if he was unlucky enough to get stopped by police during this journey would he be prosecuted?
Been a while since I've had a car that needs to have an MOT so not sure myself.
Car is insured and taxed.
rewc said:
The law does not stipulate the distance the MOT test centre should be for a prearranged test. There is no such limiting factor and no stipulation as to 'direct route'.
Thanks. I had a look online and got the impression it was straight to the test on a direct route without stopping for jollies like a trip to Tesco, which is where the petrol station will be. Well technically you don't have to go on the most direct route, or indeed to the nearest MOT centre, but you do have to be going there.
The exemption in law is this:
"for the purpose of submitting it by previous arrangement for, or bringing it away from, an examination"
If you take it to the petrol station and leave it unattended there whilst you pay, an overly fastidious police officer might claim that you're not actually taking it to the MOT centre at that very moment. You could argue that it's a necessary part of your trip, and who knows what would happen.
Certainly you couldn't call in at the post office or whatever else.
Hey, you asked.
The exemption in law is this:
"for the purpose of submitting it by previous arrangement for, or bringing it away from, an examination"
If you take it to the petrol station and leave it unattended there whilst you pay, an overly fastidious police officer might claim that you're not actually taking it to the MOT centre at that very moment. You could argue that it's a necessary part of your trip, and who knows what would happen.
Certainly you couldn't call in at the post office or whatever else.
Hey, you asked.
carlove said:
Thanks. I had a look online and got the impression it was straight to the test on a direct route without stopping for jollies like a trip to Tesco, which is where the petrol station will be.
Well if your driving to Tescos then your not driving to a pre arranged mot test center, your driving to Tescos.If Tescos is on route to the mot center then in reality your only risk is being spotted by a particularly nasty copper entering Tescos, filling up and leaving. everything else is you driving to the mot center
Your legal alternative is a Jerry can and vehicle with valid mot and insurance to visit Tesco in order to collect fuel for your other car.
Edited by ViperDave on Friday 27th March 23:39
rewc said:
carlove said:
Hi.
now I know he can drive it to the MOT centre on most direct route.
The law does not stipulate the distance the MOT test centre should be for a prearranged test. There is no such limiting factor and no stipulation as to 'direct route'.now I know he can drive it to the MOT centre on most direct route.
There's no stipulation that you have to take the most direct route, just that the purpose of the journey has to be to get to the tMOT test. Incidentally how would one define the most direct route? Shortest distance? Shortest journey time? In what traffic conditions? Are you allowed to take the bypass rather than driving through the middle of a village? And so on and so forth.
IIRC there was a High Court case a few years ago on this point. The magistrates had convicted a man who stopped on the way to buy cigarettes and a newspaper so he would have something to read and smoke while the test was being carried out. The High Court overturned the conviction and ruled that the exemption need not be read so narrowly as to exclude such things. M'Luds specifically mentioned the possibility that someone might need to fill up with petrol in order to get to the testing centre as a reason why it would be absurd to read the regulations as not allowing any stopping or a detours on the way.
Obviously there's an element of "don't take the mickey" and if you made a 50 mile detour to visit your in-laws on the way you might have difficulty arguing that the sole purpose of your journey was to get to the MOT test, but if you need to get petrol on the way you can.
Added - here's the case, not exactly as I remembered it but definitely supports the view that it's OK to get petrol on the way.
http://www.rjerrard.co.uk/law/cases/richards.htm
IIRC there was a High Court case a few years ago on this point. The magistrates had convicted a man who stopped on the way to buy cigarettes and a newspaper so he would have something to read and smoke while the test was being carried out. The High Court overturned the conviction and ruled that the exemption need not be read so narrowly as to exclude such things. M'Luds specifically mentioned the possibility that someone might need to fill up with petrol in order to get to the testing centre as a reason why it would be absurd to read the regulations as not allowing any stopping or a detours on the way.
Obviously there's an element of "don't take the mickey" and if you made a 50 mile detour to visit your in-laws on the way you might have difficulty arguing that the sole purpose of your journey was to get to the MOT test, but if you need to get petrol on the way you can.
Added - here's the case, not exactly as I remembered it but definitely supports the view that it's OK to get petrol on the way.
http://www.rjerrard.co.uk/law/cases/richards.htm
Edited by Aretnap on Friday 27th March 23:39
Edited by Aretnap on Friday 27th March 23:48
Aretnap - thanks for that, interesting reading.
My take to date - well I have a toy car of a less-common kind, and the place I prefer for the MOT is ~15miles away. Not the closest I could arrange at all, but (1) they are familiar with cars also used for competition and have in the past freely point-out other small (non-safety) issues or made useful suggestions; by no means do they give a 'soft ride' test, they stand on the detail - which I value and respect, and would rather know about/willingly pay-for; and (2) it's far enough to get the thing properly-hot and shake-out anything prior, given the car may not have been used in a couple of weeks before the test is due.
My take to date - well I have a toy car of a less-common kind, and the place I prefer for the MOT is ~15miles away. Not the closest I could arrange at all, but (1) they are familiar with cars also used for competition and have in the past freely point-out other small (non-safety) issues or made useful suggestions; by no means do they give a 'soft ride' test, they stand on the detail - which I value and respect, and would rather know about/willingly pay-for; and (2) it's far enough to get the thing properly-hot and shake-out anything prior, given the car may not have been used in a couple of weeks before the test is due.
Aretnap said:
Obviously there's an element of "don't take the mickey" and if you made a 50 mile detour to visit your in-laws on the way you might have difficulty arguing that the sole purpose of your journey was to get to the MOT test, but if you need to get petrol on the way you can.
Added - here's the case, not exactly as I remembered it but definitely supports the view that it's OK to get petrol on the way.
http://www.rjerrard.co.uk/law/cases/richards.htm
From the above link - It is a question of fact and degree in each case for the court to determine whether the exemption is satisfied.Added - here's the case, not exactly as I remembered it but definitely supports the view that it's OK to get petrol on the way.
http://www.rjerrard.co.uk/law/cases/richards.htm
I may have undertaken an 'epic collecshun trip' from the Wirral to Kent without a court needing to make a determination...
Big metal thing,used to carry fuel
http://en.m.wikipedia.org/wiki/Jerrycan
A small plastic one would probably do
http://en.m.wikipedia.org/wiki/Jerrycan
A small plastic one would probably do
BritishRacinGrin said:
On my way to pre-arranged MOT appointments I tend to stop off at my Dad's garage to fix all the faults
Legal without the MoT appointment - you are taking the vehicle to a place where it will be repaired (and away afterward). Just make sure you book it in with your Dad!Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff