Driving with no MOT to a place for repairs

Keith

Now, I understand the rule regarding driving for a repair needed after an MOT fail.

However, is it legal to drive to a place of repair, if:

1. The car has no MOT,
2. Has not failed an MOT,
3. Requires said repair to pass the MOT,
4. Is prebooked into the garage.

mcjordi

According to DVLA- as long as it is booked in advance, then it is legal to drive to/from a place where repairs are carried out.

Lomast

Its legal in relation to the MOT however if the vehicle is not roadworthy then technically an offence is being commited that being prebooked into a garage would not alter

PasturesNew

Just to nitpick, although it's legal to drive to a repairs place, if you were (say) to give somebody a lift and drop them off en-route that could be counted against you if somebody in authority were in a position to wish to charge you for breaking the law.

Ditto if you stop en-route for a paper/cigs/sandwich.

Once booked in for repairs you should take the vehicle from yours, to the garage, without stopping, diverting, pausing, resting or shopping.

onomatopoeia99

PasturesNew wrote: »

Just to nitpick, although it's legal to drive to a repairs place, if you were (say) to give somebody a lift and drop them off en-route that could be counted against you if somebody in authority were in a position to wish to charge you for breaking the law.

Ditto if you stop en-route for a paper/cigs/sandwich.

Once booked in for repairs you should take the vehicle from yours, to the garage, without stopping, diverting, pausing, resting or shopping.

There is case law which goes entirely contrary to the advice above. It involved someone who stopped for cigs and petrol on the way to a test and got reported for no VED. The maj convicted but it was overturned in the court of appeal. If you want to look it up it is:

Secretary of State for Transport V. Richards (1998) JP 682 QBD

Joe_Horner

No, you can't drive it to a place of repair until after it's been refused a certificate.

The exemption is provided by the Motor Vehicles (Tests) Regulations 1981 regulation 6(2)(a)(iii):

(iii)where a test certificate is refused on an examination—

(A)for the purpose of delivering it by previous arrangement at, or bringing it away from, a place where work is to be or has been done on it to remedy for a further examination the defects on the ground of which the test certificate was refused;

http://www.legislation.gov.uk/uksi/1981/1694/regulation/6/made

Note that the exemption only applies "Where a test certificate is refused", not where a certificate "will" or "would" be refused.




eta:

Note, though, that the "place where work is to be done" does NOT have to be a garage, nor does the trip for repair need to be directly from the test station, nor do all the defects have to be repaired during a single visit to that place.

You could, for example, drive home from an MOT failed on multiple points then, the next day, pop round to your mate who's got better tools than yours to repair one of the faults, go home again, a couple of days later drive round to your girlfriends because her dad's going to give you a hand (or foot) bleeding the brakes because of the spongy pedal fail, drive home again, pop into town the next day to the exhaust place for that new silencer it needs, drive home, then take it for retest a couple of days later.

Every one of those journeys would be valid as an exemption to the requirement for an MOT

Keith

Lomast wrote: »

Its legal in relation to the MOT however if the vehicle is not roadworthy then technically an offence is being commited that being prebooked into a garage would not alter

It's borderline... Wheel stud snapped in the hub. 3 of 4 fitted, torqued and double checked.

Rest of the car is fine for the mot apart from the missing air bags but the lights all work so will pass like that again.

PasturesNew wrote: »

Just to nitpick, although it's legal to drive to a repairs place, if you were (say) to give somebody a lift and drop them off en-route that could be counted against you if somebody in authority were in a position to wish to charge you for breaking the law.

Ditto if you stop en-route for a paper/cigs/sandwich.

Once booked in for repairs you should take the vehicle from yours, to the garage, without stopping, diverting, pausing, resting or shopping.

None of that will be going on, just plodding up two junctions of the M1 and parking it at the specialist who does all my work. Then back 2 junctions to my garage where it'll go before it's mot.

Keith

Joe_Horner wrote: »

No, you can't drive it to a place of repair until after it's been refused a certificate.

The exemption is provided by the Motor Vehicles (Tests) Regulations 1981 regulation 6(2)(a)(iii):



http://www.legislation.gov.uk/uksi/1981/1694/regulation/6/made

Note that the exemption only applies "Where a test certificate is refused", not where a certificate "will" or "would" be refused.

Thank you, that's exactly what I wanted to know, not hear, but know!

Means I have to do it myself :mad:

Keith

It's just fitting new rear discs & pads (as they include the damaged wheel thread), I've got the parts but not finding the time to do it. Not in a rush as it's a track car so can just sit in the garage a bit longer.

Joe_Horner

Wouldn't even consider suggesting a set of cheap plastic wheel covers tie-wrapped on for the test then get it sorted afterwards.....

Keith

I'd rather not annoy my tester, been using him for years. As he said last year, if anyone else came in and said I was wrong I'd tell them to **** off.

He then looked up the fail and found he was wrong

My car has barely any rear braking due to a mod on it as the ABS was removed at the factory.