Driving with expired MOT
Discussion
My pregnant wife was shunted from behind, in my car, by an inattentive driver last week. The police were at the scene, and though the other driver admitted responsibility we will not be claiming as the damage is minimal.
As a formality, we have been asked to present driving documentation to local police station within 7 days.
I've just discovered the MOT ran out 2 days prior to accident. We simply forgot (which I appreciate is not a convincing excuse). I now have a new MOT but obviously there is a 4 day gap in the history including the day of the incident.
The ability to apply latitude based on circumstances is not I believe a strong point of the BiB so I'm expecting to be incarcerated or burden the court system in some way.
Any ideas as to what can we expect in terms of punishment for this hideous crime.
As a formality, we have been asked to present driving documentation to local police station within 7 days.
I've just discovered the MOT ran out 2 days prior to accident. We simply forgot (which I appreciate is not a convincing excuse). I now have a new MOT but obviously there is a 4 day gap in the history including the day of the incident.
The ability to apply latitude based on circumstances is not I believe a strong point of the BiB so I'm expecting to be incarcerated or burden the court system in some way.
Any ideas as to what can we expect in terms of punishment for this hideous crime.
davidgs said:
I've just discovered the MOT ran out 2 days prior to accident.
Any ideas as to what can we expect in terms of punishment for this hideous crime.
Not endorsable, at least, it wasn't ten years ago. A problem may arise, however, if it is a condition of your insurance policy that the car has a current MOT (mine didn't). Driving without insurance is serious.
When I last researched this about 18months ago (Caught out by the same thing) it was a nonenforsable offence (no points, fine only). Insurance is the most important thing. And your car is insured even if the MOT is expired, unless there is a specific clause in your policy that states it is not.
Try this;
Get a NEW MOT and take it to the station. They are usually not switched on enough to realise that the MOT was not valid at the time and may just look to see that the Expriy date is next year. If they question it front up and tell them there and then that you had forgotten or say the other one is at home and go away and think about your next move....
HTH
Steve.
Get a NEW MOT and take it to the station. They are usually not switched on enough to realise that the MOT was not valid at the time and may just look to see that the Expriy date is next year. If they question it front up and tell them there and then that you had forgotten or say the other one is at home and go away and think about your next move....
HTH
Steve.
Fat Audi 80 said:
Try this;
If they question it front up and tell them there and then that you had forgotten or say the other one is at home and go away and think about your next move....
I wouldn't recommend the latter suggestion. If you lie you only stand to cause yourself more stress and aggro and possibly punishment (fraud?). Just own up 'Daft mistake, apologies etc...' and take the rap over the knuckles. Better than attempting to spin a yarn and getting busted for that as well.
Insurance is not automatically invalidated because you do not have a valid MOT. The policy will more than likely say 'the policyholder must keep the car in a roadworthy condition' or similar; there should be no mention of an MOT. This is because you can, in certain circumstances which are well documented elsewhere on this forum, drive a vehicle on a public road without an MOT but you can't without insurance.
anti-pedant mode ON
Well OK there are certain circumstances you can drive without insurance as well but they're completely different and irrelevant to this
anti-pedant mode OFF
As long as you have a valid insurance certificate (in date, your wife as a named driver, correct vehicle etc) don't worry about insurance. At worst you'll get a fine for the lack of MOT, IF the BiB (or as is more likely, bored civilian) on the front desk at your local Plodshop even notices it.
anti-pedant mode ON
Well OK there are certain circumstances you can drive without insurance as well but they're completely different and irrelevant to this
anti-pedant mode OFF
As long as you have a valid insurance certificate (in date, your wife as a named driver, correct vehicle etc) don't worry about insurance. At worst you'll get a fine for the lack of MOT, IF the BiB (or as is more likely, bored civilian) on the front desk at your local Plodshop even notices it.
icamm said:
The other thing would be to forget when the MOT had been due and suggest that you were unable to find the certificate so had a new test done to show the car was safe.
Not a good idea now that the DVLA MoT database is up and running.
I got a £4.00 fine for driving with a six month out of date MoT (there was an explanation but no excuse), that was in 1971 and i expect it will be a bit more costly now. Hope you can sort it with out too much grief but I bet I know what dates you will put in next years diary.
Hope everything goes well babywise.
Any penalty will be minimal. If now tested, go back to the Cop Shop and produce it. If no sympathy, a pleading letter to CPS can help. CPS must justify prosecution in the public interest. In cases like this they do regularly mark cases No Pro if the MoT is obtained straight away without problem. Less likely to do so if there is a large gap, suggesting car didn't pass first time, or car is old, so by implication could be unroadworthy.
bobthebench said:
Any penalty will be minimal. If now tested, go back to the Cop Shop and produce it. If no sympathy, a pleading letter to CPS can help. CPS must justify prosecution in the public interest. In cases like this they do regularly mark cases No Pro if the MoT is obtained straight away without problem. Less likely to do so if there is a large gap, suggesting car didn't pass first time, or car is old, so by implication could be unroadworthy.
bob i remember you say you got a calabrated speedo sometimg
where you get it done
as i got a motor with one way out
and not even the main dealer seems to know how to calabrate it.
outlaw said:
Any penalty will be minimal. If now tested, go back to the Cop Shop and produce it. If no sympathy, a pleading letter to CPS can help. CPS must justify prosecution in the public interest. In cases like this they do regularly mark cases No Pro if the MoT is obtained straight away without problem. Less likely to do so if there is a large gap, suggesting car didn't pass first time, or car is old, so by implication could be unroadworthy.
bob i remember you say you got a calabrated speedo sometimg
where you get it done
as i got a motor with one way out
and not even the main dealer seems to know how to calabrate it.
I think its an ex-cop car - correct me if i'm wrong bob.
outlaw said:
ask around and find a mot test that will back date it them few day.
there are many that will.
Q - Here mate I know I don't know you from Adam but I have had an accident which may or may not be blamed on the condition of the car. Could you please do me a back dated MOT.
A - Yes, I have no problem about losing my MOT license, how many would you like?
Ivan
outlaw said:
there loads doing em m8 your be suprised. including blanks.
i said ask around not go strait up to a tester and come out with it.
It would be an extraordinarily stupid thing for an MoT tester to do this now; all MoT's have to be entered onto a DVLA database which the Plod can check, similar to the insurance database, to make sure that a) you are the owner (or not) of the car, b) you are insured, and c) you have a valid MoT. Saves all that mucking around with HORT/1s etc. Should the DoT (DETR? or whatever they call themselves this year) check up said tester almost certainly will lose his job and the station it's licence to test.
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