Law re: no MOT / Tax while driving to garage then to MOT test?

[Zombe]

What is the legal position? My car is currently SORN (no tax, no MOT), I need to drive it to a garage tomorrow to get a full service etc. Then on to a separate MOT center.

 

I have insured the car by phone. I have insurance policy No, docs posted to me today. Can I legally drive it for such purpose?

 

I have searched .gov, VOSA, and Google - could find nothing other than must have valid MOT, Tax, insurance.

 

Help appreciated!

[sri_130]

If I remember correctly, your appointment needs to be pre-booked, at the closest MOT station, taking the most direct route.

[borisbeaver]

You can drive a car with no MOT directly to a MOT testing station for a pre-booked appointment only. If you are going to a garage for a service who is not doing the MOT, then this would be illegal.

 

Additionally, to drive a car on the road, you must have and display a valid Tax disk irrespective of where you are going.

 

I have just been in this situation and have arranged for my wife's old banger to be recovered to a garage for a major service/overhaul. It has been set on our drive for a year and had no tax or insurance.

[slick132]

How is OP able to tax the car before the MOT is issued.

 

[patdavies]

You can drive a car with no MOT directly to a MOT testing station for a pre-booked appointment only. If you are going to a garage for a service who is not doing the MOT, then this would be illegal.

 

Whilst I agree that getting the car serviced is going too far, there is case law that allows the motorist to stop off along the journey to/from the MoT appointment.

 

The case precedent is Secretary of State for Transport V. Richards ( 1998 ) JP 682. Richards stopped off twice on the way to an MOT test, first to buy petrol and then stopping again to buy cigarettes, and was convicted by magistrates, the judgment was appealed before the Crown Court and was overturned. The prosecution then appealed to the QBD and the Crown Court verdict was upheld.

 

The Court accepted the submission that it is a question of fact and degree in each case for the court to determine whether the exemption is satisfied. But the court said, "it is only if this court is satisfied that no court could reasonably have come to the conclusion that it did that it can interfere. On the facts of this case, it is ridiculous if a driver could not stop to obtain petrol on the way. it would fly in the face of common sense if some short stop cannot be made by the driver, for whatever purpose, providing he is on his way to the test station."

 

Additionally, to drive a car on the road, you must have and display a valid Tax disk irrespective of where you are going.

Sorry, absolutely wrong

 

To/from a pre-booked MoT Test and during the test, and to/from repair premises after failing an MoT test, the vehicle is an exempt vehicle under VERA 1994 Sched.2 and requires neither road tax or number plates.

 

All that is required is that the driver is insured to drive the car and that it is roadworthy.

[noomill060]

As said above, MOT day is the one day a year you dont need tax or a current MOT cert to drive your car, as long as you drive directly to the MOT place and the test appointment has been arranged in advance.

[melango]

I am sure that you can drive a car without an MOT as long as you have a pre booked appointment and you only frive to the MOT and do not take a de tour! You don't need to have in surance documents, as the police can confirm all this with their modern technology! :o)

[pompeyfaith]

All that is required is that the driver is insured to drive the car and that it is roadworthy.

 

Pat is the above a bit pointless though because on one hand they say you must be insured, but on the other hand any insurance claim would be refused because the car was not mot'd or taxed to be on the road.

 

PF

[patdavies]

Pat is the above a bit pointless though because on one hand they say you must be insured, but on the other hand any insurance claim would be refused because the car was not mot'd or taxed to be on the road.

 

PF

 

Nonsense.

 

Insurance is not voided by lack of tax or MoT (unless specifically stated in the policy (ie by contract); mine certainly doesn't - it merely states that the vehicle must be roadworthy

Edited July 28, 2009 by patdavies

[patdavies]

I am sure that you can drive a car without an MOT as long as you have a pre booked appointment and you only frive to the MOT and do not take a de tour!

 

See [post #5 - there is no requirement to drive directly to the MoT test - case law clearly states otherwise.

 

You don't need to have in surance documents, as the police can confirm all this with their modern technology! :o)

 

Only if the vehicle is insured in your name. What about when you are driving somebody else's vehicle to the test, with their permission, under the DOC terms of your policy? Or an unregistered vehicle - with no number plates?

[raydetinu]

Wrong! the only things that can invalidate your insurance is if the driver does not hold a valid uk licience or is not on the policy or you told porky pies to get the policy.

[patdavies]

As said above, MOT day is the one day a year you dont need tax or a current MOT cert to drive your car, as long as you drive directly to the MOT place and the test appointment has been arranged in advance.

 

It certainly not 1 day, it can be as often as you book an MoT test.

 

And the need to drive directly to the pre-booked test is simply urban myth - see post #5

[pompeyfaith]

Insurance is not voided by lack of tax or MoT (unless specifically stated in the policy (ie by contract); mine certainly doesn't - it merely states that the vehicle must be roadworthy

 

Indeed Pat but im just trying to see it from the insurers point of view as we all know what they are like when it comes to them paying out.

 

So has to be roadworthy IMHO again in an insurers point of view it is not roadworthy with out MOT,TAX

 

Regards

 

PF

[patdavies]

So has to be roadworthy IMHO again in an insurers point of view it is not roadworthy with out MOT,TAX

 

Roadworthy means only that the vehicle complies with the relevant C&U legislation.

 

Unless the insurer has specifically placed a requirement for tax and MoT in the policy, then the lack of these has no effect whatsoever on the validity of the policy.

[noomill060]

If the law says you can legally drive to a pre-arranged MOT test without a tax disc, WTF is it to do with the insurance company?

[miket368]

I'm a tester so you all know so long as you have insurance and you are pre booked into and mot testing station your legal to drive it there (really should be closest testing station to your home) and who ever said sumit about not needing number plates your talking bollox! Number plates are part of the test you div! I'v had police ring me before asking to speak to nominated tester i spoke to them and they have asked me to confirm the vehicle is booked in and what the registration number of the vehicle is they then followed him down to us!!

[riget]

I'm a tester and who ever said sumit about not needing number plates your talking bollox! Number plates are part of the test you div!

 

 

I've been out of testing for a few years but unless it's changed, number plates are not compulsory,

Examples are, unregistered, military, diplomatic and foreign.

[miket368]

Nope they are compulsory and now if they do not have a postcode / area where they were made thats a fail item aswell! Lot's changed since you been testing regarding towbars etc etc to be fair its a load of bull i think!

[riget]

So if I buy an ex army jeep, I'm not allowed to use it with the army reg plate, and to register it for the road I need a mot, how do I do that.

[rambo]

Nope they are compulsory and now if they do not have a postcode / area where they were made thats a fail item aswell! Lot's changed since you been testing regarding towbars etc etc to be fair its a load of bull i think!

 

I know you can insure a car with just the chassis number, and was under the impression that you can go to a pre booked MOT with just the chassis number. I have done this in the past.

[miket368]

you can present an unregistered vehicle with no plates but a registered vehicle must have plates present at tiem of test infact ill look at the special notice i printed off over it as you have to keep them and let you know tomorrow when exactly this law came into effect

[heliosuk]

This thread is so old now but here is a definitive answer. Pat is correct in that stopping is allowed for the reasons given.

However, it is quite explicit in that it has to be a prebooked test and to the nearest station. Number plates are not required if the vehicle has a DVLA form requiring a test prior to plate number issue. If the vehicle has been pre-registered as say an MOD vehicle, foreign plates etc then they must be displayed.

Under the above circumstances then insurance is valid. If the vehicle has a reg plate and is used outside of the purposes for going to a pre-arranged test and does not have a MOT cert from an EU member country, then it can be determined that technically the vehicle is unroadworthy and thus the insurance is void.

 

FINITO!

[scaniaman]

A vehicle can run on the road without tax or mot if

a. it is being driven to a pre booked mot.or

b.taken to a place of repair to be brought up to mot standard, also pre booked.

Not all mot stations have repair facilities therefore b exists to allow this.

It must be insured.

[JimmySpangle]

1. Does not need to be the nearest MoT station at all. Should be within 'reasonable' distance, whatever that is.

2. Car MUST be roadworthy to be driven on a public highway.Otherwise it must be recovered on a transporter.

[danielr]

A few things about above.

 

no the MOT station does not have to be the nearest, what if the nearest id renowned for giving poor service, nobody enforces you to take your car to a particular garage.

 

MOT must be booked,

car must be insured to drive on the road. -bear in mind that the insurance also pays for other people in the case that your car drives into them, this would cover mechanical fault, for example if you drove into them because your brakes failed.

 

you can't have tax without a valid MOT so there is no need to tax.

 

you have to take a reasonably direct route to the station, (A pre-booked test is not an excuse to drive a car wherever you like without valid insurance and tax). -you can't go on a nice long round trip 30 miles or so to get to the garage that's only 1 mile down the road.

 

your insurance is NOT invalid if your car is not roadworthy, indeed if your car fails you're able to drive it home, complete with a certificate to prove that your car is not roadworthy!

and indeed you can drive to any further appointments to get the car fixed. -assuming that those appointments are booked as well I assume.

(for example to have the car fixed, or to have tyres changed).

 

contrary to what the poster above said, if your car fails, you can still drive it, either home to fix it yourself, or to another garage to fix, there is no need or requirement to get a transporter to move the car!

 

For OP.

driving to get the car serviced would probably not be allowed. it wouldn't be a reasonable short stop, (e.g getting petrol/stopping at a cash point to get money to pay for the test etc).

on the other hand, once your car has failed, say on emissions, taking your car to service would be a reasonable fix for that problem.