Question about insurance

glentoran99

Warwick_Hunt wrote: »

But you said driving, are we back tracking?

Insurance states using too, so can you park a car on a road without insurance?

No im not back tracking, using and driving are 1 in the same, Insurance, I don't know, ive never asked but I don't believe so as its a different issue.


I can only base my answer on what is specifically said on the gov.uk website, and what the DVLA told me personally that my car could be kept on a public road while the MOT certificate was expired, but I must not use it other than to drive to a pre booked appointment or to get it repaired


I have this in writing from the DVLA

Warwick_Hunt

glentoran99 wrote: »

No im not back tracking, using and driving are 1 in the same, Insurance, I don't know, ive never asked but I don't believe so as its a different issue.


I can only base my answer on what is specifically said on the gov.uk website, and what the DVLA told me personally that my car could be kept on a public road while the MOT certificate was expired, but I must not use it other than to drive to a pre booked appointment or to get it repaired


I have this in writing from the DVLA

No they're not, you don't have to be in a vehicle to use it.

glentoran99

Warwick_Hunt wrote: »

No they're not, you don't have to be in a vehicle to use it.

You'll have to explain that one, How do you use a vehicle without driving?

Warwick_Hunt

glentoran99 wrote: »

You'll have to explain that one, How do you use a vehicle without driving?

Owning it for business purposes would be one way.

Car_54

Warwick_Hunt wrote: »

Section 47 Road Traffic Act say use not drive.

But, but ... "Pumbien v Vines

(1995) The Times June 14 Queen's Bench Divisional Court

A motor car parked on a road was being used on the road for the purposes of sections 47 and 143 of the Road Traffic Act 1988 even if it was totally immobilised and could only be moved by being dragged away, and, therefore, required both a valid MOT certificate and an insurance policy.

The Court so held in dismissing an appeal by way of case stated by Andee Pumbien against his conviction of offences of using a motor vehicle on a road without either a valid test certificate or insurance policy contrary to sections 47(1) and 143(1) of the 1988 act."

Car_54

glentoran99 wrote: »

You'll have to explain that one, How do you use a vehicle without driving?

I use mine to store stuff. Others use theirs to impress the neighbours.

Mercdriver

glentoran99 wrote: »

Could you quote the legislation for me?


Its an offense to drive without MOT, not to keep it on the road


"You can’t drive your vehicle on the road if the MOT has run out. You can be prosecuted if caught."


There is nothing about keeping it on the road, the law states, using and driving

Think logically.

Why would the law use the terms 'using' and 'driving', if they just meant driving?

It being kept on the road is using. You will no doubt keep your things in the car - including your fuel, so therefore you are using your car even if it is kept on the road, idle.

glentoran99

Mercdriver wrote: »

Think logically.

Why would the law use the terms 'using' and 'driving', if they just meant driving?

It being kept on the road is using. You will no doubt keep your things in the car - including your fuel, so therefore you are using your car even if it is kept on the road, idle.

The law quoted says using, the link I posted from .gov.uk says driving


I see a court case has been posted above, however as I say I am basing what I say on what the DVLA told me when asked

Aretnap

glentoran99 wrote: »

I can only base my answer on what is specifically said on the gov.uk website, and what the DVLA told me personally that my car could be kept on a public road while the MOT certificate was expired, but I must not use it other than to drive to a pre booked appointment or to get it repaired


I have this in writing from the DVLA

The DVLA don't deal with MOTs. Even if they did, the opinion of some bloke at the DVLA wouldn't trump that of the High Court, which has repeatedly ruled that a car parked on the road is being "used", and requires MOT and insurance (eg Eliot v Grey, 1960, Gosling v Howard 1975, Pumbien v Vines 1995).

I would imagine that in practice if the OP lets his MOT lapse then his chances of getting into trouble for leaving it on the road outside his house are fairly slim (assuming it remains taxed and insured)- but they're not zero.

glentoran99

Aretnap wrote: »

The DVLA don't deal with MOTs. Even if they did, the opinion of some bloke at the DVLA wouldn't trump that of the High Court, which has repeatedly ruled that a car parked on the road is being "used", and requires MOT and insurance (eg Eliot v Grey, 1960, Gosling v Howard 1975, Pumbien v Vines 1995).

I would imagine that in practice if the OP lets his MOT lapse then his chances of getting into trouble for leaving it on the road outside his house are fairly slim (assuming it remains taxed and insured)- but they're not zero.

that's strange as that's who MOTS my car, and who I pay my money too