Driving to MOT station with no MOT

[The Turbonator]

I'm sorry, I know this has been asked before but I just want to confirm my own circumstances for my peace of mind.

The MOT on a car I'm working on expired in May. The car is currently in Leicester but I'd like to get it MOT'd at a garage in Wakefield, around 100 miles away.

Now I know you can legally drive a car directly to a MOT, even if the old one has expired but does that mean directly from you home address? Like I said the car is in Leicester but my home address is in Leeds, so will this cause any issues should I get pulled over?

Edited by The Turbonator on Tuesday 1st August 19:32

[vikingaero]

The law is vague on this. There's stories of it being driving it to a local garage or a reasonable distance away. What constitutes that is up the the vagaries of Plod. The MOT needs to be prebooked. So make sure the garage have your name and the car reg so they can quote that back over the phone to Plod. Assuming the car is roadworthy then No MOT = a £60 non-endorseable fine.

[JM]

There is no distance limit in the guidlines or rules I've seen.

The only stipulation (from memory) is to drive directly there. So no popping to the shops, visiting your auntie etc. I suppose stopping for fuel at a station on the road you are using anyway would be acceptable.

Use a sat nav to select the most direct route and follow it.

[mike_e]

The wording years ago used to say drive to the nearest available test center. That seems to have been relaxed in recent years which makes some sense, not all test centers can cope with all types of repair e.g. welding. 100 miles might be viewed as taking the Micky but I'd have thought most Police officers would take the view that you're complying with driving laws by driving to a pre-booked test. I would suggest having an excuse/white lie up your sleeve as to why you couldn't take it somewhere closer just in case, e.g. specialist vehicle.

[agtlaw]

Here's the 'recent' wording from 1981; see regulation 6(2).

http://www.legislation.gov.uk/cy/uksi/1981/1694/ma...

[Dog Star]

agtlaw said:

Here's the 'recent' wording from 1981; see regulation 6(2).

http://www.legislation.gov.uk/cy/uksi/1981/1694/ma...

Yup - no mention at all of distance. Back in the late 80s-90s I lived in France and I'd bring my car back with no MOT (or tax - you could get away with it in those days) for its pre booked MOT, although I'd stop off at my parents for the night before the test.

[sim16v]

Just make sure the car is insured and ideally on the MIB database.

If it is, you would have to be very unlucky to be stopped.

[The Turbonator]

sim16v said:

Just make sure the car is insured and ideally on the MIB database.

Is there anyway to ensure it appears if the only thing I have is 1 day insurance?

[SS2.]

The Turbonator said:

sim16v said:

Just make sure the car is insured and ideally on the MIB database.

Is there anyway to ensure it appears if the only thing I have is 1 day insurance?

None that will be in your control.

In case of a stop, just ensure you have proof of insurance with you and be able to demonstrate that the MOT test you are driving to / from was pre-arranged.

[Derek Smith]

I reported a chap for this some weeks ago now, 1976 if I remember rightly. He was driving to a pre-booked MoT in Kent, possibly Faversham. He lived in Liverpool. I put it through my sergeant who returned it to me saying no offence. I went to our solicitors - pre CPS - and they returned it saying they couldn't be bothered, although not in those words.

15 years later and now in charge of a process unit I was chatting out 'our' CPS lawyer and put this problem to them for an unofficial reply. I was told that it might be an offence (which meant that it probably was but there was no precedent or appeal decision) but there should be a strong reason for wanting to prosecute.

Nowadays you'd get a ticket and that means you have the ability to challenge the officer's interpretation of the law or take the more economical route and pay.

[SS2.]

Derek Smith said:

Nowadays you'd get a ticket....

From you or your team, maybe - but from any other traffic police out there ?

Either way, the law is completely silent on distance travelled to a pre-arranged MOT. If I was pulled for travelling 'too far' to such a test, I'd fight it all the way and be very confident of a win.

[S11Steve]

I've got the same situation this coming weekend, the vehicle is insured, but no tax or MOT, and only 20 odd miles to travel, but the garage are giving me a set of trade plates to reduce the risk.

[TwigtheWonderkid]

Dog Star said:

Yup - no mention at all of distance. Back in the late 80s-90s I lived in France and I'd bring my car back with no MOT (or tax - you could get away with it in those days) for its pre booked MOT, although I'd stop off at my parents for the night before the test.

In January this year I brought an untaxed car back from Malaga to Surrey, having pre booked the MOT. Not sure if 2 nights in Hotels en-route counts as direct? Had no issues luckily.

[Ki3r]

vikingaero said:

The law is vague on this. There's stories of it being driving it to a local garage or a reasonable distance away. What constitutes that is up the the vagaries of Plod. The MOT needs to be prebooked. So make sure the garage have your name and the car reg so they can quote that back over the phone to Plod. Assuming the car is roadworthy then No MOT = a £60 non-endorseable fine.

Must be a while since you got a ticket...£100 fine now.

Regarding the insurance. Chances are it will show as no insurance details held on PNC as its only temp cover. Keep a copy (either phone or hard copy) on you with policy number and company name (broker and underwriter will be best). That way if you do get pulled over, you can show these. Worse case is they'll phone the insurance company at the roadside to confirm.

[Derek Smith]

SS2. said:

From you or your team, maybe - but from any other traffic police out there ?

Either way, the law is completely silent on distance travelled to a pre-arranged MOT. If I was pulled for travelling 'too far' to such a test, I'd fight it all the way and be very confident of a win.

Whilst I used to teach traffic law to all levels, including traffic officers, I've never been traffic police.

I think you misunderstand the law. Just because a distance isn't mentioned it does not give a 'get out of jail free' card.

There are two possible offences: no MoT, no tax. If your drive is of significant mileage then the proposition might be that you are using the vehicle on a road for purposes other than driving to a pre-arranged MoT station so the exemptions would not apply. I would suggest that you would need a good reason to pick an MoT station some miles away when there are ones local to you.

I'm unaware of any test cases and, as stated, mine was binned at unimportant. But if a ticket is issued then a decent explanation of the high mileage is, I'd suggest, an essential before going to court.

[14]

Derek Smith said:

SS2. said:

From you or your team, maybe - but from any other traffic police out there ?

Either way, the law is completely silent on distance travelled to a pre-arranged MOT. If I was pulled for travelling 'too far' to such a test, I'd fight it all the way and be very confident of a win.

Whilst I used to teach traffic law to all levels, including traffic officers, I've never been traffic police.

I think you misunderstand the law. Just because a distance isn't mentioned it does not give a 'get out of jail free' card.

There are two possible offences: no MoT, no tax. If your drive is of significant mileage then the proposition might be that you are using the vehicle on a road for purposes other than driving to a pre-arranged MoT station so the exemptions would not apply. I would suggest that you would need a good reason to pick an MoT station some miles away when there are ones local to you.

I'm unaware of any test cases and, as stated, mine was binned at unimportant. But if a ticket is issued then a decent explanation of the high mileage is, I'd suggest, an essential before going to court.

Sorry Derek but you're wrong. As long as you are driving straight to a MOT centre for a pre booked MOT, you could live in Cornwall and the MOT centre in Scotland and it would still be completely legal.

[Sheepshanks]

S11Steve said:

I've got the same situation this coming weekend, the vehicle is insured, but no tax or MOT, and only 20 odd miles to travel, but the garage are giving me a set of trade plates to reduce the risk.

There isn't any risk in what you've described. But I have seen various comments that trade plate use is being cracked down on - I wonder if you using them is legitimate?

[PAULJ5555]

You can also drive the car with no MOT to get repairs done, but only if they are repairs after the MOT and are on the MOT fail sheet.

[SS2.]

Derek Smith said:

SS2. said:

From you or your team, maybe - but from any other traffic police out there ?

Either way, the law is completely silent on distance travelled to a pre-arranged MOT. If I was pulled for travelling 'too far' to such a test, I'd fight it all the way and be very confident of a win.

Whilst I used to teach traffic law to all levels, including traffic officers, I've never been traffic police.

I think you misunderstand the law. Just because a distance isn't mentioned it does not give a 'get out of jail free' card.

If Parliament's intention had been to limit such journeys to 50 miles (say), that requirement would have been included within the relevant legislation.

[Derek Smith]

14 said:

Sorry Derek but you're wrong. As long as you are driving straight to a MOT centre for a pre booked MOT, you could live in Cornwall and the MOT centre in Scotland and it would still be completely legal.

Then we disagree. There are any number of laws which in a way go beyond what is written in the legislation. Judges can interpret what the legislators meant. One classic is premises for certain drugs offences. The defence's point of view was that if parliament had meant premises to include a field, they would have included it in the legislation. But their honours found against them. I can see both sides of the argument, but what I am certain of is that a field can be premises.

The one defining aspect of the law is that you can't be definite if it hasn't been tested, and even then it is only probable.

A few years ago a shopkeeper asked a lawyer and the police if it was legal to sell glue and plastic bags together to a young person. He was told it was. His brief tried to use this in mitigation at his trial but it was rejected.

It doesn't do to be certain.