Query re MOT Expiry Date and Early Fail

AndyMc.....

facade wrote: »

Snip.....






Yes, unless you are suggesting that there is no specific offence of "driving an roadworthy vehicle" . (The prosecution would actually be for an offence under the RTA.)

The original MOT remains valid, so you can't be charged with not having a current one.

I don't think there is one.

Car_54

AndyMc..... wrote: »

I don't think there is one.

Breach of the Construction and Use Regs is an offence under sections 41 or 42 of the Road Traffic Act 1988.

Using a vehicle in a dangerous condition is a separate offence under section 41A.

AndyMc.....

Car_54 wrote: »

Breach of the Construction and Use Regs is an offence under sections 41 or 42 of the Road Traffic Act 1988.

Using a vehicle in a dangerous condition is a separate offence under section 41A.

Exactly there isn't a charge of using an unroadworthy vehicle.

BeenThroughItAll

Tarambor wrote: »

Not may, it DOES tell you it is one or more of those. The MOT test is a test that a vehicle meets the minimum legal requirements for safety and emissions. If it fails your vehicle has failed to meet the minimum legal standards for roadworthiness or emissions for a vehicle used on UK roads. After a MOT fail any grounds you'd have for not being reasonably expected to know there was a fault, i.e something like a worn suspension bush, are all gone out of the window because you have a fail sheet stating that so the "I'm not a mechanic I couldn't realistically be expected to know" defence no longer stands. Sure the valid MOT means you can't be done for not having one but you could be prosecuted under various Construction and Use regs until you've rectified the fault.

Lets just say as an example my car fails an early test because all the seat belts except the driver's are frayed, cut or damaged.

What offence would I be prosecuted for when driving my 'unroadworthy, dangerous, and illegal' car two weeks later, by myself, still covered by the previous MOT?

AndyMc.....

BeenThroughItAll wrote: »

Lets just say as an example my car fails an early test because all the seat belts except the driver's are frayed, cut or damaged.

What offence would I be prosecuted for when driving my 'unroadworthy, dangerous, and illegal' car two weeks later, by myself, still covered by the previous MOT?

Reg 47 con and use.

Robisere

The answer is here, OP:
https://www.gov.uk/getting-an-mot/after-the-test
Excerpt: -
Driving a vehicle that’s failed

You can take your vehicle away if your MOT certificate is still valid.
If your MOT has run out you can take your vehicle to:

• have the failed defects fixed
• a pre-arranged MOT test appointment

In both cases, your vehicle still needs to meet the minimum standards of roadworthiness at all times or you can be fined.
You can be fined up to £2,500, be banned from driving and get 3 penalty points for driving a vehicle in a dangerous condition.


(My Underlining)

BeenThroughItAll

AndyMc..... wrote: »

Reg 47 con and use.

Note I didn't say 'could' be prosecuted for. I said 'would'.

What is the realistic likelihood that I or indeed anyone else would be prosecuted under the C&U Regulations in the scenario I suggested?

I suggest zero.

AndyMc.....

BeenThroughItAll wrote: »

Note I didn't say 'could' be prosecuted for. I said 'would'.

What is the realistic likelihood that I or indeed anyone else would be prosecuted under the C&U Regulations in the scenario I suggested?

I suggest zero.

If the decided to prosecute that would be the offence.

BeenThroughItAll

AndyMc..... wrote: »

If the decided to prosecute that would be the offence.

And the realistic, real world, evidenced by previous cases likelihood of prosecution is...

I suggest zero.

AndyMc.....

BeenThroughItAll wrote: »

And the realistic, real world, evidenced by previous cases likelihood of prosecution is...

I suggest zero.

It may be all down to attitude.