Parking on the road with no MOT

[scottee]

I just realised that my MOT is expired (doh!), but I am going away for the weekend without the car. Just wondering on the legalities of having a fully insured/tax'd car parked on the road with an expired MOT (only by a day, but im sure that makes no difference at all).

[superlightr]

scottee said:

I just realised that my MOT is expired (doh!), but I am going away for the weekend without the car. Just wondering on the legalities of having a fully insured/tax'd car parked on the road with an expired MOT (only by a day, but im sure that makes no difference at all).

I think you have answered your own question. get it off road.

[Cyberprog]

I can't see how the lack of MOT would affect any insurance payout if someone slapped their car into yours while parked up. BiB don't check for MOT automatically I don't believe, and as long as it's Taxed, I think it's legal for it to be on the road. Obviously though, you can only drive it to and from the MOT station.

[vonhosen]

Cyberprog said:

I can't see how the lack of MOT would affect any insurance payout if someone slapped their car into yours while parked up. BiB don't check for MOT automatically I don't believe, and as long as it's Taxed, I think it's legal for it to be on the road. Obviously though, you can only drive it to and from the MOT station.

For it to be legal parked on the road it must be taxed, insured & MOT'd.

[marshalla]

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

[Lonely]

Cyberprog said:

I can't see how the lack of MOT would affect any insurance payout if someone slapped their car into yours while parked up. BiB don't check for MOT automatically I don't believe, and as long as it's Taxed, I think it's legal for it to be on the road. Obviously though, you can only drive it to and from the MOT station.

Oops!

Edited by Lonely on Friday 9th July 17:14

[Cyberprog]

marshalla said:

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

I stand corrected

[Lonely]

Cyberprog said:

marshalla said:

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

I stand corrected

Very noble of you. Pity more can't (won't) be like that

[GC8]

It should be MOTd, but practically a taxed and insured vehicle thats in a roadworthy condition isnt going to cause anyone a deal of distress. Even if it is noticed and acted upon, then youre only looking at a £60 non-endorsable fixed penalty.

[Lonely]

GC8 said:

It should be MOTd, but practically a taxed and insured vehicle thats in a roadworthy condition isnt going to cause anyone a deal of distress. Even if it is noticed and acted upon, then youre only looking at a £60 non-endorsable fixed penalty.

Are you sure?

[GC8]

Yes Im sure. You could have a huge accident in an unroadworthy car and not receive anything like the maximum £1,000 fine.

[Lonely]

GC8 said:

Yes Im sure. You could have a huge accident in an unroadworthy car and not receive anything like the maximum £1,000 fine.

But a £60 penalty ticket is not "the only thing you're looking at" then, is it? The actual penalty is a fine up to a maximum of £1000

[TallPaul]

Legally, yes it needs to be MOT'd, even if its just parked up. In reallity, if its taxed & insured, you'd be extremely unlucky to be caught or prosecuted.

[GC8]

I can see why youre Lonely.....

[Lonely]

GC8 said:

I can see why youre Lonely.....

Why get personal? Don't like to be wrong?

[M5 Russ]

marshalla said:

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

Those cases date from 1960 and 1976 and I believe that the law now requires valid insurance and tax only. MOT is not an endorsable offence in any case and I cannot find a recent case (in the last 10 years) of a conviction of someone with no MOT but full tax and insurance on a car thats been parked up.

Edited by M5 Russ on Friday 9th July 22:08

Edited by M5 Russ on Friday 9th July 22:10

[Lonely]

M5 Russ said:

marshalla said:

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

Those cases date from 1960 and 1976 and I believe that the law now requires valid insurance and tax only.

Incorrect I'm afraid

S.47 RTA 1988

47 Obligatory test certificates

(1) A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.

[marshalla]

M5 Russ said:

marshalla said:

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

Those cases date from 1960 and 1976 and I believe that the law now requires valid insurance and tax only. MOT is not an endorsable offence in any case and I cannot find a recent case (in the last 10 years) of a conviction of someone with no MOT but full tax and insurance on a car thats been parked up.

Did you read the bits that said the car was parked in 1992 and the ruling was given in 1995 ? Thought not.