URGENT HELP - Stopped with No Insurance or MOT??

Quentin

There were no uninsured vehicles mentioned in this thread (except wrongly by the police).

Good job you didn't arrange the seizure of this one wasn't it?

Quentin

amandada wrote: »

Unfortunately your lack of MOT means your insurance is null and void, despite what was said today.

Ahh - it was you who did the scaremongering.

Do some reading up on this subject (especially if it is as you claim your specialist subject) before posting so assertively next time.

ozvaldinho

I think you'll get three points and a fine for having no MOT. There's no obvious way out of that one, from what you've said. You were insured, despite the technicality of not having a valid MOT, so I doubt the CPS will pursue you for that offense.
You should bear in mind that having no valid MOT can give an insurance company grounds to refuse to settle a claim in the event of an accident, which could leave you personally liable.

My advice would be to get the MOT as quickly as possible and hope the clerk in the police station doesn't notice the difference in the dates on the 'producer' slip and the MOT certificate. Showing the old one and the new one will only serve to highlight the fact that you didn't have an MOT at the time you were stopped, in effect giving them the proof they need to prosecute you.

Quentin

No.You don't get points for no MOT.

These days if they are going to do you just for that it's usually a fixed penalty - £60.

ianian99

Use, cause or permit a vehicle to be used on a road without a test certificate is an offence under Section 47, RTA 1988.
Penalty: Fine of up to £2,500 (if the vehicle has 8 or more seats), £1,000 (otherwise). No disqualification, endorsement or points can be awarded.

Re no MOT invalidating Insurance; Because of section 148 RTA 1988
as to condition of the vehicle, Insurance Companies cannot invalidate a certificate issued as far as making it a criminal offence i.e. to use without Insurance (S145). This does not not however prevent them from taking action to recover certain costs under the civil law.

anewman

I wouldn't be trying to wriggle out of it. I would take it to the pre-arranged MOT only and get it done and go to police station and state you were driving without an MOT but were not aware it was due and have now MOT'd the car. Hopefully they'll do whatever they do (don't know if fine/court or whatever)

raskazz

amandada wrote: »

As part of my job, I arrange for the siezure of uninsured vehicles for police, I assume nothing.

I think you have actually, and if you are seizing vehicles on grounds of no insurance purely because the vehicles have no MOT then you are making a huge error.

As regards roadworthiness, policies of insurance contain a 'general condition' that states that the policyholder must take all reasonable steps to maintain a car in roadworthy condition - some also stipulate that a valid MOT must be held.

HOWEVER, an insurer can only repudiate a claim on grounds of a breach of this condition if the unroadworthiness actually caused or contributed to the claim (as per FSA ICOBS rule 8.1.2 ( http://www.fsahandbook.info/FSA/html/handbook/ICOBS/8/1 ). Hence a lack of MOT alone does NOT mean that your cover is void.

Quentin

The police are unlikely to be targeted on numbers of MOT prosecutions (and as stated previously, these days it's usually a FPN, £60 to pay if a notice is issued).

For this reason the best advice is say nothing, give them the documents and keep your fingers crossed it's the end of the matter. (Don't forget they already wrongly accused her of driving whilst uninsured!)

anewman

ozvaldinho wrote: »

My advice would be to get the MOT as quickly as possible and hope the clerk in the police station doesn't notice the difference in the dates on the 'producer' slip and the MOT certificate. Showing the old one and the new one will only serve to highlight the fact that you didn't have an MOT at the time you were stopped, in effect giving them the proof they need to prosecute you.

Bad advice IMO. An attempt to pervert the course of justice, a crime in itself.

Plus I am sure OP wouldn't be the first person to rush off and get an MOT and then go to the police station with a smile on their face and an MOT in hand.

The time is printed on MOT certificates so could not get away with getting one the same day as time and date of offence would be recorded on the documents.

Quentin

She has been asked to produce document(s), that's all!

There is no need for any other action (or confession) at this stage.

No-one has suggested any attempt at perversion! The "old" document is not required.