Failed MOT car allowed on road

im-lost

EdGasket wrote: »

If no-one reports it, he should be OK. You can check tax and insurance online easily with just a number plate but I don't think you can check the MoT unless you have the V5 number or recent MoT number so even malicious neighbours should not find out.

Even if someone does report it, the police won't be interested.

you can check the MOT status on the same site as you check for tax, in fact it comes up on the same page when checking for tax, only a registration and vehicle make is needed to check

sumaira1

Actually I am not damn sure about the status of MOT, The perfect way to resolve this issue is to checkout the status on the site.

AdrianC

There are two potential sources of a legal issue...

* Does it have an MOT? If the old MOT hasn't expired yet, then the fail doesn't invalidate it.
* Is it roadworthy? What did it fail on? Is it something that might cause an issue whilst it's parked (faulty handbrake, sharp edges on bodywork) or might easily attract the attention of a passing policeman/traffic warden (bald tyres)?

[Deleted User]

What sort of road is it parked on, if it's a quiet back road outside your house then I wouldn't worry about it. I've not heard of anyone having their car lifted because it's MOT was a few days out.

Even a busy main road I wouldn't worry either.

Aretnap

Alter_ego wrote: »

Yes but how is "use" defined?

"Have use of" (Elliot v Grey, 1960). The rationale being that the mischief the law is intended to prevent is the danger to the public posed by vehicles in poor condition, and a vehicle which is parked may still pose a risk to the public, eg it may be a fire hazard, it the brake cable may snap if it if left on the road to decay. So it is in the public interest that "use" be interpreted as broadly as possible.

Aretnap

grahamgoo wrote: »

Interesting question. My first instinct was that an MOT would still be needed. However https://www.gov.uk/getting-an-mot/when-to-get-an-mot says "You can’t drive your vehicle on the road if the MOT has run out. You can be prosecuted if caught." so maybe not, as it does state "drive".

The website might say drive, but what matters is the actual law, which says "use".

http://www.legislation.gov.uk/ukpga/1988/52/section/47

As above, case law has given "use" a very broad meaning - so broad as to be almost entirely disconnected from the ordinary meaning of the word.

marlot

I think that using a car without an MOT is a small fine, no points. So it's not the end of the world.

caprikid1

"This case appears to set the precedent that even a vehicle in an immobile state on the road requires an MOT. "


Yes I think it sets a precedent that the vehicle should be Insured and MOT'd. Whilst I agree its quite a strong case the car in question is still insured so it could be the court was more concerned about the lack of insurance should someone manage to steel it than the lack of MOT.

Dr._Shoe

It has always been accepted that a vehicle has to be insured to be parked on the road. It is a condition of insurance that the car has to be roadworthy i.e. has a valid MOT.

AdrianC

Dr._Shoe wrote: »

It is a condition of insurance that the car has to be roadworthy i.e. has a valid MOT.

Go and find an MOT certificate. Read it carefully. If you look, it explicitly points out that MOT != Roadworthy.