Driving an excessive distance to a MOT?
Discussion
In one of the copper's replies he still stands by his unlawful statement about unreasonable distance...
"I'd still report someone driving an excessive distance if the MOT had expired and let the courts decide what is a reasonable and proportiate distance to travel. Or alternatively just don’t let it lapse and drive to whatever garage you want!"
"I'd still report someone driving an excessive distance if the MOT had expired and let the courts decide what is a reasonable and proportiate distance to travel. Or alternatively just don’t let it lapse and drive to whatever garage you want!"
Pica-Pica said:
SS2. said:
There's nothing in legislation which says the distance to the pre-arranged test must be 'reasonable' or 'proportionate'.
If they'd wanted to limit the distance you can travel, it would have been defined in statute.
Would it? If they'd wanted to limit the distance you can travel, it would have been defined in statute.
deggles said:
Police do themselves no favours posting crap like this and misrepresenting the law to try and get Twitter points. Kind of hope they do end up in court and get torn a new one.
they have been doing this forever, function creeping laws to the point of perversion like in the 90s perverting the 1949 Wireless Telegraphy Act to nick people for using camera detectors lolPica-Pica said:
SS2. said:
There's nothing in legislation which says the distance to the pre-arranged test must be 'reasonable' or 'proportionate'.
If they'd wanted to limit the distance you can travel, it would have been defined in statute.
Would it? If they'd wanted to limit the distance you can travel, it would have been defined in statute.
I'm sure this comes down to that old chestnut "reasonableness"
For example - if I live up north, bought a car from Cornwall in the morning, drive it home and have it MOT'd in the afternoon - as long as I could demonstrate it was purchased that day, and it was pre-booked, I'd be fairly happy to argue that was reasonable.
Or would it be more expected for it to be MOT'd local to seller, and not drive home til it had passed?
We've had a few 3 year old fleet vehicles that have been driven to defleet sites without MOT (or RFL) in order to be prepped for onward sale - admittedly these are done on trade plates, but it's not unusual for a vehicle to be driven from Scotland to Gloucester or Bedford like this.
For example - if I live up north, bought a car from Cornwall in the morning, drive it home and have it MOT'd in the afternoon - as long as I could demonstrate it was purchased that day, and it was pre-booked, I'd be fairly happy to argue that was reasonable.
Or would it be more expected for it to be MOT'd local to seller, and not drive home til it had passed?
We've had a few 3 year old fleet vehicles that have been driven to defleet sites without MOT (or RFL) in order to be prepped for onward sale - admittedly these are done on trade plates, but it's not unusual for a vehicle to be driven from Scotland to Gloucester or Bedford like this.
TwigtheWonderkid said:
I one drove from Malaga to Surrey for an MOT, in a car that hadn't been MOTd for years (but was roadworthy an insured, but not taxed.)
So have that copper.....you'll never take me alive.
I shall be doing similar next year as I'm importing a previously exported English car back to England. MOT will be in Kent, somewhere after I've exited the Chunnel.So have that copper.....you'll never take me alive.
Just need to find an insurance company that will cover me on the VIN. Shame really as I can drive through all the European countries on it's Greek papers, just not the UK. Should have just SORN'D it at the start of it's adventure back in 2014.
Allot of things in law rely on the reasonableness test, instead of something that is strictly defined.
The first thing to remember is all an MOT means is the car passed on that particular day. Having an MOT doesn't get someone off the requirement to drive a road worthy vehicle.
The problem with booking a test hundreds of miles away, is why do it? If you want to drive a car down, it isn't difficult to find a much closer garage and get an MOT. The only reason I can think of is somebody knows it will fail and wants to avoid the cost of a trailer to get it home.
As others have said, the problem here isn't really the lack of an MOT. It is driving an unroadworthy vehicle.
The first thing to remember is all an MOT means is the car passed on that particular day. Having an MOT doesn't get someone off the requirement to drive a road worthy vehicle.
The problem with booking a test hundreds of miles away, is why do it? If you want to drive a car down, it isn't difficult to find a much closer garage and get an MOT. The only reason I can think of is somebody knows it will fail and wants to avoid the cost of a trailer to get it home.
As others have said, the problem here isn't really the lack of an MOT. It is driving an unroadworthy vehicle.
No, the problem is a copper making up his own rules as he sees fit. Maybe I enjoy driving like many other on here and fancy a trip away. Get my MOT done first while I'm at it. If its a long trip and I have to be there a certain time, I might have to leave early in the morning and get to the mot centre as it opens for business. I could say I reasonably believed the car was road worthy at the time etc etc.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff