Expired MOT When Still Driving

Hammyman

Is she still driving it?

missile

Capyboppy wrote: »

She has the extra hassle of trying to arrange the MOT with being Deaf. She told me that normally she has to drive the car to the MOT station to make the appointment, then again for the actual appointment. Trying to get someone locally to ring for the appointment (In fact any appointment), is quite difficult. .

You could make the appointment for her or she could use http://www.textrelay.org/

jase1

£60 isn't enough IMO.

OK, if it's under a week or two I can understand an oversight. But there will be folks out there wilfully not getting cars tested, and £60 just isn't enough of a deterrent.

£60 for a first (mild) offence, throw the book at them would be my attitude to persistent offenders and/or those driving around with a test that is more than a month overdue.

As for "she's deaf so it's hard for her" -- no, that's just life I'm afraid and she will be well-used to being inconvenienced due to her condition. Just because it's a mild inconvenience to get a booking organised does not give her the right to not bother with the MOT. She will have had the same problem with a whole bunch of other things -- does she not get her hair done for the same reason?

cyclonebri1

Capyboppy wrote: »

Thanks for all your quick replies. I will update you all on what actually happens. In what case though would they give the £1,000 fine? I'm maybe over worrying but if when she takes the mot certificate in and they see it is so out of date, .

If she refused to get it tested and carried on driving it;)

Expired mot is one of the least offensive offences that you can commit. Unfortunately many folks confuse it with driving a defective vehicle which is a totally separate offence. They are not automatically ONE offence dispite what some would infer.

The police already know how out of date the mot cert is so don't worry, the garage won't give a dam, so just get it passed and present it. £60 fine - end of.:T

Wig

Capyboppy wrote: »

My friend got stopped by the police in the midst of being lost. As part of this they told her her MOT certificate had expired Dec. At the time she was sure it was in date, and they told her if this was the case there would be no £60 fine to pay.

So they already issued her with a £60 Fixed Penalty and a 7 days producer?

She has since found it at home and indeed the police were correct and it was out of date. I think she was very lucky as the police could have impounded her vehicle

Did the police say that? If they did say that they were wrong, they can only impound if the vehicle is being driven uninsured or without license or if it is in a dangerous condition.

and I think the only reason they didn't was because she is Deaf and communication to get hold of someone/to get home would have been very difficult as she was quite a way from home.

Did they say that?

I have since read that the fine can be up to £1,000 for no valid MOT certificate, and the car insurance at the next renewal date can go up around 43%/
What I would like to know is: Are they likely to keep to the £60 fine or could they increase it with it being out of date?(she has to produce it within the usual 7 days, but obviously the certificate:eek: will be out of date).

They cannot increase the fine now that they have dealt with it with a fixed penalty.

What are the circumstances of when a full fine is given?

If she did not get it MOT'd and she got stopped again and again and again, she would at some stage not be given a fixed penalty and would be taken to court, the first court would not fine her £1000 (more like £250) however after repeated ly being stopped and taken to court one of the courts may decide to up the fine to £500 or £750 and eventually £1000.

In addition: Would her insurance company be automatically told that at that particular time she had no valid MOT certificate? Or is it a case of "It depends on what the police decide."

As far as I know..... No, they will not tell her insurers. When she renews her insuruance it's possible she may have to declare a fixed penalty for no MOT, but maybe Dacouch could comment on this, as it's not exactly a "conviction" is it.

She has always been meticulous on having her documents up to date and has no idea how she has managed to forget this time round. This doesn't alter the fact of course she was driving illegally, but wondered what the best and worst cases will be

Best case is she will go to the police station with her expired MOT and a new MOT (although this is not required) to show she has done it = £60 fine pay the ticket

Worst case she drives to the police station still driving her unMOT'd car. Produces her expired MOT and has to pay the £60 ticket already issued. The police see that she's still driving her unMOT'd car and issue a caution that she will be prosecuted for continuing to drive an unMOT'd car, she goes to court where she will be fined anything from £250 - £750 (in my opiion).

You could phone the MOT station to make the appointment for her. If it fails the test it does not matter, she leaves it with them for repairs or she does what she wouldnormally do if she wants it repaired by someone else she drives it to them for a repair or home again (off road parking), if she subsequently wants to drive it from home to the repairers she must book a repair appointment before setting off.

McKneff

If someone can make the appointment for the MOT over the phone for her, she is then covered for driving TO the MOT as long as she doesnt go off course to do shopping on the way. She must be on a direct route the the garage.

Let us know how she gets on please.

Wig

McKneff wrote: »

If someone can make the appointment for the MOT over the phone for her, she is then covered for driving TO the MOT as long as she doesnt go off course to do shopping on the way. She must be on a direct route the the garage.

She can stop off for a paper or cigarettes or any other reason (and make mulitiple stops for example petrol) and have a chat with someone for up to 10 minutes if she is on the way to the MOT test. Longer than 10 minutes the court would have to decide if that was over stepping the mark.

Secretary of State for Transport V. Richards (1998)

McKneff

Wig wrote: »

She can stop off for a paper or cigarettes or any other reason (and make mulitiple stops for example petrol) and have a chat with someone for up to 10 minutes if she is on the way to the MOT test. Longer than 10 minutes the court would have to decide if that was over stepping the mark.

Secretary of State for Transport V. Richards (1998)

I did say the same thing, within my post were the words 'off course'

molley

How many times do we need to say what needs to be done .get it tested asap...get it repaired if necessary and take both the old and the new MOT Cert to the Plod Office and take the FP on the chin...( although why Plod need to see the Cert is beyond me ..they are all online on the VOSA website now anyway)

Wig

molley wrote: »

How many times do we need to say what needs to be done .get it tested asap...get it repaired if necessary and take both the old and the new MOT Cert to the Plod Office and take the FP on the chin...( although why Plod need to see the Cert is beyond me ..they are all online on the VOSA website now anyway)

She doesn't need to show a new MOT cert, the producer is to produce a certificate for the time of the offence/stop and request.

We know she can't produce so she will have to pay the £60 fine which I assume has already been issued. If she could have produced then they would have canceled the FPN.