MOT and Tax Query

Quentin

An unroadworthy car cannot be driven! It is illegal to do so.

Joe_Horner

Quentin wrote: »

An unroadworthy car cannot be driven! It is illegal to do so.

Yes, it's an offence under whatever part of the Construction and Use regulations cover the faults that are making it unroadworthy. You can be charged with the appropriate offence. No-where did I say otherwise

But it does NOT invalidate your insurance any more than driving over the speed limit does. That's also illegal but insurers have to pay out anyway as a legal condition of offering motoring insurance.

motorguy

The_Hurricane wrote: »

These rules are crazy.

For info, you can MOT a car at any time, but of interest you can MOT it up to 28 days in advance and carry over the extra days, effectively giving you potentially 13 months MOT.

IF you're in this position again next year, it might be worth doing it well in advance so as to avoid the problem.

ALSO, you can check online or by phone for retest dates and times that might be sooner than 2nd Feb.

http://www.dvtani.gov.uk/onlinebooking/vehicletest.asp

Or by ringing them on the telephone booking line - 0845 247 2471

Quentin

Joe_Horner wrote: »

Again, yes it does.

It's unlawful under the RTA for insurers to try and avoid 3rd party cover because of anything relating to the condition of the vehicle, even if it's expressly stated in the policy wording.....

Not according to the Government:

Driving an unroadworthy motor vehicle may invalidate your insurance.

https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/motor-vehicle-documentation-and-learner-driver-requirements

Take up your argument with them!!

motorguy

Quentin wrote: »

Not according to the Government:



https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/motor-vehicle-documentation-and-learner-driver-requirements

They cant remove the TP element though - only potentially the fully comp or theft aspect, hence it says 'may'

The_Hurricane

It's due for MOT on Saturday and the issue with the car is being repaired on Friday (1st), can I drive it to the garage on Friday to be repaired?

TadleyBaggie

Not legally. The rules only allow drving to and from a pre-booked MOT without an MOT and/or tax. Legally the car would need to be taken t and from the garage on a trailer. Could the garage to the MOT?

Joe_Horner

Quentin wrote: »

Not according to the Government:



https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/motor-vehicle-documentation-and-learner-driver-requirements

Take up your argument with them!!

No need. I have the law - the Road Traffic Act 1988 s.148, 1988 c.52
- on my side:

148 Avoidance of certain exceptions to policies or securities.

(1)Where a certificate of insurance or certificate of security has been delivered under section 147 of this Act to the person by whom a policy has been effected or to whom a security has been given, so much of the policy or security as purports to restrict—
(a)the insurance of the persons insured by the policy, or
(b)the operation of the security,
(as the case may be) by reference to any of the matters mentioned in subsection (2) below shall, as respects such liabilities as are required to be covered by a policy under section 145 of this Act, be of no effect.

(2)Those matters are—
(a)the age or physical or mental condition of persons driving the vehicle,
(b)the condition of the vehicle,
(c)the number of persons that the vehicle carries,
[...]

Last I heard the government are also subject to the law!

Joe_Horner

The_Hurricane wrote: »

It's due for MOT on Saturday and the issue with the car is being repaired on Friday (1st), can I drive it to the garage on Friday to be repaired?

Yes, provided you have insurance.

The exemptions to the requirement for a valid MOT (or tax) extend to takeing the vehicle to or from a "place where repairs are to be carried out" in relation to faults for which it's already failed. The repairs must be arranged before-hand (ie: the place you're taking it must be expecying you!)

That means that you can't drive it for repair without a valid MOT before failing a test, even if you know of the faults, but you can once you have a fail sheet.

Tilt

Quentin wrote: »

The OP asked whether he could continue to use his untaxed car prior to getting it through its MOT:

Yes and I told him he couldn't apart from taking to the pre-arranged MOT. So?

Quentin wrote: »

You advised him that if he did so it was "technically" wrong.

That is not so, it's an offence with all the dire consequences so well publicised.

What do you mean, "that is not so"? So you are saying he technically can?? You seem to be contradicting yourself as you go on to say "it's an offence with all the dire consequences so well publicised".

Quentin wrote: »

(The journey to the pre-booked test is permitted - though only if the car is roadworthy - an unroadworthy car cannot be driven and also has no insurance)

Lol, that's not what you said in post #6; "You cannot drive at all in an untaxed vehicle"

And the OP hasn't mentioned the 'roadworthyness' of his car so how do you know it's unroadworthy?