Advice pls....first offence.

raskazz

jrrowleyws wrote: »

Generally no MOT = Invalid insurance

Depends on what they feel like giving you.

Quite the opposite actually.

Generally no MOT will not invalidate cover. Insurers only specify that a car must be in a roadworthy condition. A car may well have no MOT but be roadworthy; or indeed could have passed its last MOT but not be roadworthy at the time of an incident.

The insurer could only repudiate a claim if it was shown 1) that the car was not kept in a roadworthy condition and 2) this contributed to the circumstances of the claim.

Bob63

Wig wrote: »

OP, you will both get a small fine nowhere near £1000 IMHO

Plus you will have to pay court costs and a £15 victim surcharge. Oh, and you will have to declare this motoring offence to your insurers so your premiums may go up.

Wig

cheesy.mike wrote: »

Plus you will have to pay court costs and a £15 victim surcharge. Oh, and you will have to declare this motoring offence to your insurers so your premiums may go up.

Depends if she has hubby on the insurance again how much extra there will be to pay on premium. Without hubby the extra loading will be minimal ( I just checked online quotes) the policy holder will have to declare "CU64 causing or permitting CU60"
CU60 is failure to comply with constr & use regs I think that is the one that will apply for no MOT.
Anyway, initial premium £150
with CU64 it was £164

With hubby there will be red light loading and I worked that to be
£50 for the red light
£22 for the CU60

raskazz

No MOT in itself is not an endorsable offence. However, if the tyres, brakes, steering etc were actually defective or other parts of the vehicle were dangerous then there are endorsements that can be applied

mrbadexample

Neither your or your husband will get points for no MOT, as it is not endorsable. Technically, as raskazz says, points could be awarded for dangerous condition if something was seriously wrong with it mechanically. However, this would have also been dealt with at the roadside when he was stopped, so don't worry about that either.

Your husband, at least, will likely be summonsed to magistrates court for no MOT. He does not need to attend - he will be given the option of pleading guilty by post. IMO, it is probably best that he attends to offer any mitigation that he can, e.g.

When you took the car for the MOT, did it pass or fail? If it passed, you can use that to show that although the certificate had expired, the vehicle was still in a roadworthy condition. This is not a defence, but may help to keep the level of fine down a bit. If it failed, say nothing.

I am surprised to hear that the police have said you will be charged, as the registered keeper. Can you tell us what, if anything, you have actually been charged with? Have you been cautioned?

Edit: I see you are in Glasgow. My comments (particularly the last paragraph) refer to English Law, and may not be the same as Scottish Law.

Conor_3

jrrowleyws wrote: »

Generally no MOT = Invalid insurance
.

Really? So how do you take a car to an MOT station for a pre-booked MOT that's not got an MOT as you're allowed to do under the Road Traffic Act?

mrbadexample

Conor wrote: »

Really? So how do you take a car to an MOT station for a pre-booked MOT that's not got an MOT as you're allowed to do under the Road Traffic Act?

I think the clue's in the word "generally" :rolleyes:

malima

oh my goodness,

Thank you all very much,"sigh", hubby had to go in to police station last night to be officially charged, basically the policeman was very nice, he also said "don't lose any sleep over it", but, you do worry don't you?He said i am to be charged for definite, i have to wait for a letter!
Our MOT was a pass, and our car is not too old, 2002.I really really did forget to put the car in for an mot, i put Mine in, but i thought his was'nt needed till later, our cars are always insured, taxed and mot'd...arghhhh...suppose, it serves me right, anyway...

Thank you guys for all your support!
I hope i don't need to go to court(terrified!)
malima

anewman

If you do go to court it will be more of a formality I would imagine. In and out in 5 minutes probably. They wouldn't want these cases taking up much time. Don't think it will be anything to worry about unless you intend to plead not guilty and try defend everything.

Iamthesmartestmanalive

You'd best hope perverting the course of justice isnt mentioned

Going out and getting the car mot'd and then trying to pull the wool over there eyes re the status at the time of the offence is just that