Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I want to have a few points clarified as we are just about to put my OH's car through it's MOT and this is going to be the first time I will be doing it myself. Normally our friendly garage does a pre-MOT check and then takes it to the MOT, but money is tight and the MOT lapsed in jan as the car was off-road due to a snapped cam belt (it is taxed till end of July).
Now, I know that you are allowed to drive to a pre-booked MOT test without an MOT, but are you allowed to drive BACK from the test if you fail?
Additionally, are you allowed to drive to a pre-booked appointment at a garage to have the vehicle repaired after the failure?
Sorry if these are obvious questions, but typicalli the online statute law database doesn't have the statute that contains the info and the only other answers to this type of question are on Yahoo answers ***shudder***
thanks,
H
I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.
Yes to both; in both circumstances, it is an exempt vehicle as regards the Vehicle Excise and Registration Act 1994 (see schedule 2). Despite what others may tell you, it doesn't even have to be your nearest (or even local) MoT test centre.
But you must have a pre-booked appointment.
The car must be insured but need not be taxed or have a MoT certificate.
It must be roadworthy - which is not the same as having a valid MoT
thanks pat, is it in the main act or one of the amendments?
The vehicle is def roadworthy, it's a "just in case" question
thanks,
H
I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.
Yes to both; in both circumstances, it is an exempt vehicle as regards the Vehicle Excise and Registration Act 1994 (see schedule 2). Despite what others may tell you, it doesn't even have to be your nearest (or even local) MoT test centre.
But you must have a pre-booked appointment.
The car must be insured but need not be taxed or have a MoT certificate.
It must be roadworthy - which is not the same as having a valid MoT
?????? Surely a current MOT certificate is what proves the car is roadworthy?
Without a current one then surely it's not?
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
?????? Surely a current MOT certificate is what proves the car is roadworthy?
Without a current one then surely it's not?
There is a difference between having an MOT and having a roadworthy car, for example a car can have a valid MOT certificate but be un-roadworthy for something like an exhaust, non-working brakes or bald tyres.
Conversely, a car can be in perfect mechanical condition yet not have an MOT.
You need to have a roadworthy vehicle with an MOT certificate to use that vehicle on the road, unless the vehicle is Exempt. What I was after clarification on was how that exemption aplies in the to/from/repair.
H
I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.
?????? Surely a current MOT certificate is what proves the car is roadworthy?
Without a current one then surely it's not?
Nope. Two entirely different things. MoT certificate means that certain items have been tested and comply with the required standards; roadworthy means that the vehicle complies with the C&U regulations
You can present an unroadworthy car for an MoT and it will sail through the test.
Try it. Disconnect the speedometer. Not tested so no MoT fail, but a legal requirement under C&U.
Conversely, very worn brake pads, if the tester sees the pads to be below the limit that can result in an MoT fail; however, providing the brakes are working, the vehicle is roadworthy.
Thanks, I've found it and had a read, i'll probably print it off "just in case"
H
I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.
I would suggest also printing off a copy of your MoT test appointment - or at the very least have all the garage details with you.
Definitely!
thanks again Pat
H
I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.
MOT - Drive back from a failed test?
Reply With Quote
Originally Posted by patdavies
Surely a current MOT certificate is what proves the car is roadworthy?
