MOT Rules for a SORN vehicle

[cybermat]

Hello All,My first post and its a question :)My lodger has two Mazdas, she bought the first about 12 months ago - a mark 1 and about two weeks later bought a mark 2 the mad girl.The Mk1 has sat for a year in a garage and is now due for another MOT - why she hasnt gotten rid already I dont know but non the less.She took it for an MOT and it failed on some small welding job that needs sorting out - she has taken the car back to the garage from the test centre and has asked me to find a welder for her which I have done.The car needs to go from the garage to the welder ( a journey of about 7 miles or so) and then return to the test centre for a free re-test before a 10 day period expires (quite generous as I dont think they are obliged to do that).The Car is Insured, and I believe it still has a little MOT left but I dont think it has tax as she let it go after wasting about 11 months worth sat in the garage.I dont want her to get fined however so is there something that must be done, is this repair journey permitted as long as there are no detours (which there wont be) or is this a compulsory put it on a trailer job.Many ThanksAndy (Cybermat)

[postggj]

as long as it is booked in forthe mot and has insurance then you will be fine

 

best to keep hold of the appointment card though

[patdavies]

It is an exempt vehicle as far as tax and MoT is concerned providing it is being driven to/from a pre-booked MoT test or to/from pre-booked repair once it has failed such a test.

 

It does not need tax, MoT (or even number plates), but it must be insured to allow it to be driven.

[Gick]

Whilst there is an exemption for going to a pre booked Mot, or from it to a repairer, in theory it does not cover driving it home from the test centre.

 

It most certainly does not apply for any subsequent journey from the place of keeping to a repairer, even if the repairs have been pre-booked, unless it is back to the original Mot centre where it will be retested following repair ie., change of mind over having them effect the repairs, or to another Mot centre where a new test will be carried out (fee payable) following repair.

 

The simple option, if you are correct that there is still some Mot remaining, is to tax it before that jouney, after all, is that not the intention for having it Mot'ed?

 

If the vehicle licence has expired, it should have been declared (SORN) as your thread title suggests, but you do not mention in your post. If that has not been done, a penalty may be averted if it is recent and the new tax is consecutive.

 

Another alternative would be to have the vehicle moved on trade plates as an alternative to being trailered.

 

Do not risk taking it on the road outside of the strict exemptions as APNR cameras have become an unobserved tool for enforcement.

Edited July 27, 2011 by Gick
Missed spacing

[patdavies]

Whilst there is an exemption for going to a pre booked Mot, or from it to a repairer, in theory it does not cover driving it home from the test centre.

 

It most certainly does not apply for any subsequent journey from the place of keeping to a repairer, even if the repairs have been pre-booked, unless it is back to the original Mot centre where it will be retested following repair ie., change of mind over having them effect the repairs, or to another Mot centre where a new test will be carried out (fee payable) following repair.

 

 

Sorry, but this is complete nonsense.

 

VERA Sched 2, S.22

 

Vehicle testing etc.

 

22(1)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a)submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test [F45, a vehicle identity check][F46, a vehicle weight test or a reduced pollution test], or

 

(b)bringing it away from [F47any such test][F48or check].

 

[F49(1A)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

 

(a)taking it (by previous arrangement for a specified time on a specified date) for a relevant re-examination, or

 

(b)bringing it away from such a re-examination.]

 

(2)A vehicle is an exempt vehicle when it is being used by an authorised person in the course of a compulsory test [F50, a vehicle weight test [F51or a vehicle identity check or][F52, a reduced pollution test] or a relevant re-examination and is being so used]solely for the purpose of—

 

(a)taking it to, or bringing it away from, a place where a part of the test [F53, check][F54or re-examination] is to be, or has been, carried out, or

 

(b)carrying out a part of the test [F53, check][F54or re-examination].

 

[F55(2A)A vehicle is an exempt vehicle when it is being used by an authorised person solely for the purpose of warming up its engine in preparation for the carrying out of—

 

(a)a compulsory test [F56or a reduced pollution test], or

 

(b)a relevant re-examination that is to be carried out for the purposes of an appeal relating to a determination made on a compulsory test [F56or a reduced pollution test].]

 

(3)Where the relevant certificate is refused on a compulsory test [F57, or a reduced pollution test,]of a vehicle [F58or as a result of a relevant re-examination,] the vehicle is an exempt vehicle when it is being used solely for the purpose of—

 

(a)delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

 

(b)bringing it away from a place where relevant work has been done on it

[Gick]

Pat Davis

 

Please show where in the above the driving to the repairer from the keepers address is covered.

 

What you have highlighted at the end refers to going from the Mot centre to a repairer.

Edited July 27, 2011 by Gick
addition

[patdavies]

Pat Davis

 

Please show where in the above the driving to the repairer from the keepers address is covered.

 

What you have highlighted at the end refers to going from the Mot centre to a repairer.

 

Try reading. (You can't even spell my name correctly!)

 

22 (3) refers to taking a vehicle to and from repair premises - nothing to do with the testing centre. There is no statutory requirement for the vehicle to only travel from the test centre.

 

22 (1)(b) is the referral for returning from a testing centre

 

 

However, it is worth noting that the 22(3) exemption only applies after a lest certificate has been refused.

 

There is no requirement that the repair premises are the same as the test centre

[Gick]

Pat Davies,

 

I apologize for getting your name wrong.

 

Surely the Mot and the repairs must be intimately linked without the break on the owner's premises for the exemption to be claimed?

 

To extrapalate the argument, in a month's time when the money is available, it can be driven to the repairer? Pre-booked. Or the welder takes a month to complete the repairs? I am not trying to be facetious when using this analogy, but there does not appear to be an outer timescale in your interpretation.

 

I certainly would not risk it and have the hassle of challenging it in court as the DVLA are likely to take a very uncompromising attitude to a subsequent journey.

 

I suggested alternatives to trailering so that the OP did not feel that this was the only way not to rely on interpretation.

 

If I have misled the OP then I apologize to him/her. .

[patdavies]

VERA is silent on time-scales in this regard and therefore none exist (we live under Common Law which basically means that unless something is specifically forbidden, it is allowed)).

 

There is also an urban myth about the testing centre having to be closest or being unable to stop along the way.

 

The first is a myth as there is no statutory requirement to use a nearby testing centre - as long as you can demonstrate a pre-booked appointment, it can be at the other end of the country. The second has been completely debunked by case law; the driver is allowed to stop along the way.

 

Providing the law is being adhered to, the DVLA can go f*** itself. The decision on law is for a Court and not a government agency that thinks itself above the law.

[postggj]

well said

 

i got dvla to drop a court summons against me through quoting STATUTE LEGISLATION

 

not legislation acording to dvla bean counters and performance targets

[topbonnet]

well said

 

i got dvla to drop a court summons against me through quoting statute legislation

 

not legislation acording to dvla bean counters and performance targets

 

 

 

this is very interesting, particularly as i am currently wrangling with nsl to refund my £260.

I am a motor trader. I collected a vehicle from is kept place and drove into my trade premises to briefly check a tyre prior to pre-booked mot test, before backing the car out of the garage onto the public highway. It was left there, with kets in ignition whilst i locked my gates. In those 2, yes 2 minutes, the nsl vehicle arrvied and clamped me.

I have a copy of vera sch2.22 but have been trawling the internet searching for legislation to support my case in fact that my garage is a place of repair and the vehicle was on its way to mot test.

I would like to know what case law you found - any help very much appreciated.

Thanks

[SabreSheep]

Pat Davies,

 

I apologize for getting your name wrong.

 

Surely the Mot and the repairs must be intimately linked without the break on the owner's premises for the exemption to be claimed?

 

To extrapalate the argument, in a month's time when the money is available, it can be driven to the repairer? Pre-booked. Or the welder takes a month to complete the repairs? I am not trying to be facetious when using this analogy, but there does not appear to be an outer timescale in your interpretation.

 

I certainly would not risk it and have the hassle of challenging it in court as the DVLA are likely to take a very uncompromising attitude to a subsequent journey.

 

I suggested alternatives to trailering so that the OP did not feel that this was the only way not to rely on interpretation.

 

If I have misled the OP then I apologize to him/her. .

 

 

a)delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

 

(b)bringing it away from a place where relevant work has been done on it

[topbonnet]

a)delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

 

(b)bringing it away from a place where relevant work has been done on it

 

Thank you but this refers to transportation after an MOT certificate has been refused. My situation was to check something prior to the test. VERA does not state that the vehicle must be taken DIRECTLY to the MOT station only that it must be used for the sole purpose of submitting the vehicle for the test. Its that case Law I'm searching

[madmatt101]

VERA Sched 2, S.22

 

Vehicle testing etc.

 

22(1)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a)submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test [F45, a vehicle identity check][F46, a vehicle weight test or a reduced pollution test],

 

 

surely that one applies, taking it to a prebooked test

[scaniaman]

This insurance malarkey really gets me. On many policies it is a condition of acceptance that the vehicle be in road worthy condition---how can it be if it failed an MOT?????