Stopped by Police - on returm from 1st MOT
Discussion
Just taken the car for its initial MOT.
I drove it to the station. Had a bit of problem with I think fuel starvation. (the car was set up by emerald -has M3D- but unit whent wrong. Was fixed I pluged back in ran ok but now cuts out every 5 mins. I think this is a seperate issue.
Sorry, back to topic. Missed appointment & MOT station overbooked so couldnt do it even if on time.
Drove car back home. Got Stopped by Police.
"Car Illegal, no tax no No. plate, no insurance."
I did have insurance "No sir not registered with DVLA - no insurance".
An argument started. An extra Copper was summond -specialist traffic knowledge- with assistance.
I showed chassis no. Showed manafacturers receipt stating no & mot appointment.
"It is illegal to drive a car from an MOT station if the appointment is not met or car fails. If so no insurance cover"
I assured them that I checked before driving on the road that I was allowed to drive from & to an MOT & SVA Station and DVLA office whilst being insured on a chassis no as long as the appointments were pre booked.
I now have to take all documents plus a MOT cert (passed) in by midnight next tuseday. The next MOT is booked in next tuesday.
If it fails Im in trouble for driving a car that would have failed the MOT & possibly in trouble for insurance if Im not covered to drive back from station. This aparantly applies to all vehicles even if you still have an origonal MOT that runs for another month.
All this within 200 metres of my garage.
And I thought the police were here to help.
I drove it to the station. Had a bit of problem with I think fuel starvation. (the car was set up by emerald -has M3D- but unit whent wrong. Was fixed I pluged back in ran ok but now cuts out every 5 mins. I think this is a seperate issue.
Sorry, back to topic. Missed appointment & MOT station overbooked so couldnt do it even if on time.
Drove car back home. Got Stopped by Police.
"Car Illegal, no tax no No. plate, no insurance."
I did have insurance "No sir not registered with DVLA - no insurance".
An argument started. An extra Copper was summond -specialist traffic knowledge- with assistance.
I showed chassis no. Showed manafacturers receipt stating no & mot appointment.
"It is illegal to drive a car from an MOT station if the appointment is not met or car fails. If so no insurance cover"
I assured them that I checked before driving on the road that I was allowed to drive from & to an MOT & SVA Station and DVLA office whilst being insured on a chassis no as long as the appointments were pre booked.
I now have to take all documents plus a MOT cert (passed) in by midnight next tuseday. The next MOT is booked in next tuesday.
If it fails Im in trouble for driving a car that would have failed the MOT & possibly in trouble for insurance if Im not covered to drive back from station. This aparantly applies to all vehicles even if you still have an origonal MOT that runs for another month.
All this within 200 metres of my garage.
And I thought the police were here to help.
You booked an MOT appointment and because of a fault or failure in the car you were late and missed the appointment.
You got stopped on the way home and asked about the MOT and insurance.
1. You are exempt from MOt when going to or from a test. It does not say the test has to be carried out in the legislation. You are exempt on that charge.
2. If your car was covered by insurance regardless the fact the MOT had expired, you will be insured.
If you are summonsed, you should plead not guilty and go to court explaining the situation. They will not convict you as you have a defence.
The Police are there to help. They are also there to detect offences. Unfortunately your particular problem meant that you have been detected!
If the Magistrates and CPS agree with the officer that stopped you, you will also be convicted but I doubt it will go that far!
You got stopped on the way home and asked about the MOT and insurance.
1. You are exempt from MOt when going to or from a test. It does not say the test has to be carried out in the legislation. You are exempt on that charge.
2. If your car was covered by insurance regardless the fact the MOT had expired, you will be insured.
If you are summonsed, you should plead not guilty and go to court explaining the situation. They will not convict you as you have a defence.
The Police are there to help. They are also there to detect offences. Unfortunately your particular problem meant that you have been detected!
If the Magistrates and CPS agree with the officer that stopped you, you will also be convicted but I doubt it will go that far!
Slight difference here as I read it.
Please correct me if I'm wrong.
This is a "newly built" kitcar, and you've decided to have it MOT'd before the actual SVA test. you've got the chassis number registered with your local DVLA and you've insured it on the chassis number (index number will be authorised after SVA pass)
The MOT is not a requirement before the SVA, but a lot of builders do get one, it helps by setting up the headlights, emissions etc. as well as bedding the brakes in a bit. it also helps by having an independant examination of the safety aspect of the build.
Does this affect anything that you may have posted earlier Gone?
Please correct me if I'm wrong.
This is a "newly built" kitcar, and you've decided to have it MOT'd before the actual SVA test. you've got the chassis number registered with your local DVLA and you've insured it on the chassis number (index number will be authorised after SVA pass)
The MOT is not a requirement before the SVA, but a lot of builders do get one, it helps by setting up the headlights, emissions etc. as well as bedding the brakes in a bit. it also helps by having an independant examination of the safety aspect of the build.
Does this affect anything that you may have posted earlier Gone?
kevp said:
"It is illegal to drive a car from an MOT station if the appointment is not met or car fails. If so no insurance cover"
This bit is plain wrong. The legislation gives exemption to take the vehicle back from the testing station if it fails to your address or a place where the defects are to be rectified. This exempts you from VEL as well. If the car was insured on the chassis number, then you will not have a problem with that either.
Police have not idea about the legal requirements of kitcar owner. Sorry to hear you are having problems.
I drove to my Mot twice as I failed ont he handbrake the first time and drove 120 miles to and from the SVA without a number plate on with out the police taking any notice.
I would like to hear what the coppers say when they find out they are wrong.
Bloddy pain
I drove to my Mot twice as I failed ont he handbrake the first time and drove 120 miles to and from the SVA without a number plate on with out the police taking any notice.
I would like to hear what the coppers say when they find out they are wrong.
Bloddy pain
Not fair. I tried EVERYTHING to try and pulled with no plates on the way to/from the SVA test!
The thing you have to remember about the police is they are NOT legal experts by any stretch of the imagination. If they were then we wouldn't need a judicial system and to be fair to them there is no way they could be when most of their work involves dealing with drunks, stolen cars etc etc.
I would recommend getting in touch with Status for clarification, possibly via your kit car manufacturer who may be a member.
The thing you have to remember about the police is they are NOT legal experts by any stretch of the imagination. If they were then we wouldn't need a judicial system and to be fair to them there is no way they could be when most of their work involves dealing with drunks, stolen cars etc etc.
I would recommend getting in touch with Status for clarification, possibly via your kit car manufacturer who may be a member.
Thanks for all comments & advice.
As you are allowed to drive a car to & from an SVA station & MOT station - of which I need both - it surely does not matter which way round you do it.
Like most kit builders its cheaper & easier to get an MOT first rather than pay the SVA £250 and spend all day to fail on something stupid. (Im in Southampton so it will fail on something stupid).
As you are allowed to drive a car to & from an SVA station & MOT station - of which I need both - it surely does not matter which way round you do it.
Like most kit builders its cheaper & easier to get an MOT first rather than pay the SVA £250 and spend all day to fail on something stupid. (Im in Southampton so it will fail on something stupid).
kevp said:
Thanks for all comments & advice.
As you are allowed to drive a car to & from an SVA station & MOT station - of which I need both - it surely does not matter which way round you do it.
Like most kit builders its cheaper & easier to get an MOT first rather than pay the SVA £250 and spend all day to fail on something stupid. (Im in Southampton so it will fail on something stupid).
Exsactly what I did, got the MOT before the SVA so I had another set of eyes to look over the kit before the SVA.
gone said:
You booked an MOT appointment and because of a fault or failure in the car you were late and missed the appointment.
You got stopped on the way home and asked about the MOT and insurance.
1. You are exempt from MOt when going to or from a test. It does not say the test has to be carried out in the legislation. You are exempt on that charge.
2. If your car was covered by insurance regardless the fact the MOT had expired, you will be insured.
If you are summonsed, you should plead not guilty and go to court explaining the situation. They will not convict you as you have a defence.
The Police are there to help. They are also there to detect offences. Unfortunately your particular problem meant that you have been detected!
If the Magistrates and CPS agree with the officer that stopped you, you will also be convicted but I doubt it will go that far!
I don't suppose you could post the source legislation (or the title of the relevant legislation) on this? I'm very interested in this case!
i did this when i took my westfield for sva, insured on a chassis number and booked an mot, the tester carried out the full test and adjusted emmisions headlights etc.
but he could not give me a test certificate without a reg number? so i went for sva and passed first time!
i did not take advantage and drive past every scamera on the way home legally without plates! even taking a five mile detour to check speedo
i once got stopped on the way back from mot,in a 78 triumph stag that had 7k miles on the clock, i had the expired certificate and the new one, dated about twenty minutes old, the butch lesbian wpc that stopped me wanted a conviction and tried to say that as the old mot had not expired before the new one,the car could have been taxed to go for mot!typical new labour uninformed rubbish
but he could not give me a test certificate without a reg number? so i went for sva and passed first time!
i did not take advantage and drive past every scamera on the way home legally without plates! even taking a five mile detour to check speedo
i once got stopped on the way back from mot,in a 78 triumph stag that had 7k miles on the clock, i had the expired certificate and the new one, dated about twenty minutes old, the butch lesbian wpc that stopped me wanted a conviction and tried to say that as the old mot had not expired before the new one,the car could have been taxed to go for mot!typical new labour uninformed rubbish
gafferjim said:
you can MOT a car against a chassis number if an index number has not yet been issued,
I had to go to 2 MOT stations before finding one that would carry out an MOT using the chassis no.
Most stations dont experiance new built car kit cars so dont know the rules. But as listed in the origonal post neither do the Police.
The second copper to attend my incident (the one in the know concerning traffic) stated "you havent got any tax"!!!
"Driving from an MOT station with no MOT certificate or a failed certificate is illegal. "
I was accused of the above. The Police officer stated that if a car fails an MOT test (even if an existing cert is in date) the car can not be driven on the road as the insurance will not be valid & the car judged as dangerous/not roadworthy. "Cars should remain at the MOT station for repair or removed on a trailer" quote.
VOSA figures released on the 29th June state that 23% of cars fail. If the Officer is correct thats 1 in 4 cars taken away on trailers. I dont think so. If that was the case scameras would be positioned outside all MOT stations.
VOSA form VT30 section 2 - "It is an offense to use on a public road a vehicle of testable age that does not have a current test certificate, except when -bringing it away from a testing station after it has failed a test.
SVA Document SVA4 September 2004 page 7 www.vosa.gov.uk/vosa/publications/motorcycle%20sva%20guide.pdf
"You are allowed to travel (within Great Britain) to and from the test station without the vehicle having been registered and licensed, and, if necassery, to and from a garge or other place where modifications are done to enable compliance with the requirements. You are reponsible for ensuring that you have insurance cover"
quite clear in black & white (blue & white actualy).
This statment also gives scope to drive a non SVAd car round to a mates house (within Great Britain) for SVA tinkering.
>> Edited by kevp on Friday 1st July 23:18
I was accused of the above. The Police officer stated that if a car fails an MOT test (even if an existing cert is in date) the car can not be driven on the road as the insurance will not be valid & the car judged as dangerous/not roadworthy. "Cars should remain at the MOT station for repair or removed on a trailer" quote.
VOSA figures released on the 29th June state that 23% of cars fail. If the Officer is correct thats 1 in 4 cars taken away on trailers. I dont think so. If that was the case scameras would be positioned outside all MOT stations.
VOSA form VT30 section 2 - "It is an offense to use on a public road a vehicle of testable age that does not have a current test certificate, except when -bringing it away from a testing station after it has failed a test.
SVA Document SVA4 September 2004 page 7 www.vosa.gov.uk/vosa/publications/motorcycle%20sva%20guide.pdf
"You are allowed to travel (within Great Britain) to and from the test station without the vehicle having been registered and licensed, and, if necassery, to and from a garge or other place where modifications are done to enable compliance with the requirements. You are reponsible for ensuring that you have insurance cover"
quite clear in black & white (blue & white actualy).
This statment also gives scope to drive a non SVAd car round to a mates house (within Great Britain) for SVA tinkering.
>> Edited by kevp on Friday 1st July 23:18
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