No T&T, but booked in for a test - legality

[skoda_norman]

Afternoon.

 

I'm in the process of attaining an old car and need some advice on technicalities. I reckon this is a good place to ask.

 

The car in question doesn't have tax and test but does run and drive. I'd like to take the car to a specific (specialist) test centre some 60 miles (across London) away from where the car is now. I would argue that it is okay as I am taking it to a specialist.

 

If stopped, would this argument wash? Technically I wouldn't be breaking the law but I should imagine it comes down to the individual officer? Also, should they decide I am breaking the law, what are the penalties? Obviously I'd have insured the car.

 

Thoughts, advice and experience welcomed.

 

Thanks.

 

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[Mr Livered]

It's fine. You can take it to any test centre you want. Just make sure your vehicle details are in the test centre's diary.

[Guest Breadvan72]

Correct.  Ignore the pub and internet myth that the test centre has to be no more than a reasonable distance away, or be the nearest one to where the car is.   You could drive the car the length of the country to attend a pre booked test.  

 

Note that if the car is actually unroadworthy, you can still get done, but that can happen to any car, MoT ticket or no ticket.

[nigel bickle]

As long as its roadworthy.

 

If its clear that the tyres are bald, sills borked etc you'll get done for vehicle in dangerous condition.

 

But, there is no distance limitation for a booked MOT, or repairs subsequent.

[Craig the Princess]

I'd make sure obvious things like tyres and lights all are ok and the car is clean and looks looked after. While legal I wouls still want to attract as little attention as possible to avoid any in-depth roadworthyness test.

[Guest Breadvan72]

Technically I wouldn't be breaking the law but I should imagine it comes down to the individual officer? 

 

 

 

 

Specialist?  Irrelevant.  

 

As for your bit about "down to the officer", as a lawyer it saddens me that people know so little about our Constitution that they can think that a police officer can do anything lawfully to impede or sanction any motorist if that motorist is not breaking the law.   Police officers generally know fuck all about the law and many imagine themselves to be above it, but they are not Mega City One Judges, and they like us live under the rule of law.  

[skoda_norman]

I'm sorry. But the idea of being reprimanded or charged does scare me hence my over-cautiousness.

 

I did think to just change the plates over for a similar car as that won't trigger any ANPR but that really would be naughty!!

 

I think I shall continue with this idea then. Sure is cheaper than having it trailered away.

 

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[320touring]

It's not a problem. As stated previously:

 

Ensure the car is roadworthy prior to undertaking the trip

 

Insure it

 

Don't drive like a pillock

 

Arrive at test centre

 

Cry into pint as wallet lies broken, with the 'bacon sizzle' of mig welding providing the scene setting music

 

 

Good luck with the mot

[skoda_norman]

I think that's a likely situation...!

 

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[Guest Breadvan72]

Citizens should not fear coppers.  Charged, that could be scary, unless the charge is bullshit.  Reprimanded?  The cozzer can FRO.  He or she has no right to reprimand anyone who has done 'owt wrong.     In all walks of life, people who choose to wear hats (visible one or invisible ones) should be politely but firmly resisted if they exceed their lawful authority.  

[saucedoctor]

Too right. I got stopped by the police about a year ago for "driving without my headlights on". Bullshit, headlights were on, they're automatic. The copper then said he wanted me to take a Roadside Breath Test. I said I would provide a specimen, if he provided me with reasonable suspicion under Article 17 of the Road Traffic (Northern Ireland) Order. He didn't seem to know what that meant, so I asked him if I was speeding, driving erratically etc.

 

He said that his reasonable suspicion was down to the "manner of my driving". I took the test, blew fuck all and the cop told me he'd "be watching" me.

 

Bollocks to that. I clocked his number, and went to the station (Bangor) and made a complaint to a wee girl of a constable who didn't even know HOW to take a complaint.

 

I don't like dropping people in the shit with their job, but the officer who stopped me was bang out of order. And he called me "mate", twice. It's hard enough being a Police Officer (I know!) without idiots like that giving the rest of them a bad name.

I got a phone call from a Divisional Chief Inspector by way of apology the following Monday.

[Junkman]

As long as the car in question is an ex-Mount Prospect Police 1974 Dodge Monaco, WCPGW...

 

So far, I haven't done this for a cross country EPIK collection thread, but it once happened, that the cops filled their car up at the pump next to the one where I made the obligatory photo of my recent untaxed and unMoTed acquisition, and they didn't as much as blink an eyelid.

I also once bought a non MoTed and untaxed car about 50 miles away, and told the seller I'll just chance to drive it home, MoT booked for the next day. It turned out that he was a cop himself, and he told me I'm not chancing anything, since what I'm doing is perfectly legal, and in case any of his colleagues have a different personal opinion (which is completely irrelevant in legal matters), he gave me his business card and told me to tell them to call him for a rather patronising lecture.

 

I did think to just change the plates over for a similar car as that won't trigger any ANPR but that really would be naughty!!

That would constitute a criminal offense. Not a smart thing to do in lieu of a perfectly legal alternative.

[skoda_norman]

That would constitute a criminal offense. Not a smart thing to do in lieu of a perfectly legal alternative.

Sarcasm didn't come across online. Of course I'd probably get away with it but there is no way I'd risk doing it. Honest Guv.

 

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[Lankytim]

It's perfectly legal, but id be worried about, arguing the toss with a copper who may then rip my car to bits looking for faults, plant drugs on me, let me fall down the station steps etc.

[castros_bro]

To stretch a point and nothing* to do with a very cheap truck fitted with a large 3 phase generator  in a far corner of Spainland.....if the vehicle just happened to be in Euroland would it still be legal to drive it to the ferry and back to the UK for a prebooked MOT??

[Junkman]

The regulations differ in EU member states. Even if it is completely legal from a UK point of view, I don't know the legal situation in - say - France.

I know for a fact that the UK policy will not work in .de and .at, where you would need temporary plates. And yes, the 'export' temporary plates can be obtained by people not having an address in those countries. They come as a package with insurance for the duration, and a nominal road tax, and can be bought online, or be picked up from any insurance broker's office. The package costs about 50 Euros.

[AlabamaShrimp]

Technically you can take the car for the test as it's pretty booked. If stopped though depending on the officer you can moan about it not being taxed. But just make sure it's insured (which is the main thing) and you should be OK.

 

I've done it before where the car is registered in my name but driven by someone else so it's insured on their full comp 3rd party other car thing

[AlabamaShrimp]

Meant to say as well don't worry about ANPR the thing is always going off and they tend to stop the ones used in crimes as opposed to no test

[Junkman]

Out of tax is not an issue at all, btw. Enforcing tax payments is not police matter and no cop will bother you just for that.

[RichardMoss]

To stretch a point and nothing* to do with a very cheap truck fitted with a large 3 phase generator  in a far corner of Spainland.....if the vehicle just happened to be in Euroland would it still be legal to drive it to the ferry and back to the UK for a prebooked MOT??

That's exactly what I did with my Voyager and Rover 400 when I moved back to the UK from Spain

[Junkman]

Sarcasm didn't come across online.

 

I suggest that what didn't come across online is my amusement caused by your sarcasm.

[HillmanImp]

As long as its roadworthy.

 

If its clear that the tyres are bald, sills borked etc you'll get done for vehicle in dangerous condition.

 

But, there is no distance limitation for a booked MOT, or repairs subsequent.

 

Hi Nigel,

 

This is something I was unsure about.

 

I posted this on Bolls 2 lire beater thread the other day.

 

Say you are taking to a garage for MOT work, you don't actually need an pre booked MOT. All you need to is have a mate willing to say that you are booked in for him to repair it.

 

https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/motor-vehicle-documentation-and-learner-driver-requirements

 

 

I am not sure if that is only after the car has failed its MOT (once again it might be a bit of a legal grey area) but if you keep a copy of this page on you I am sure it will be sufficient for your local bobby.

 

I keep this link on my phone but have never needed it.

 

Are we sure it is only after it has failed the test? I have never been pulled but I have taken my car to a garage to get repairs done before the MOT as I know it will fail on them. Obviously they can't be dangerous but whats the difference between before and after? Is there any timescale on how long after an MOT you can drive it?

 

I have never been pulled and had to use this touch wood.

[Guest Breadvan72]

You can't ever lawfully drive a car on a road if it fails to meet the roadworthiness standards set out in the Regulations.  This is so even if you got an MoT ticket ten minutes ago  (assume duff or bribed tester, or something has just broken).   Having a ticket is one thing, and there is a rule that allows you to drive without a ticket in limited circumstances.  Being unroadworthy is a different thing. 

 

If you go for a test when the extant certificate has some time to run and the car fails on a minor issue that does not make it unroadworthy, you can still drive it until the cert runs out.

[HillmanImp]

What I want to clear up is this statement in red:

 

MOT. Cars and motorcycles MUST normally pass an MOT test three years from the date of the first registration and every year after that. You MUST NOT drive a motor vehicle without an MOT certificate when it should have one. Exceptionally, you may drive to a pre-arranged test appointment or to a garage for repairs required for the test. Driving an unroadworthy motor vehicle may invalidate your insurance.

 

If for instance, you have a car with no MOT. Your sidelights are not working so you drive it to an auto electrician during the day prior to taking it to an MOT as you know it will fail on that so there is no point testing it. Does it come under the wording in red above as you are driving it to a garage for repairs required for the test? 

 

I am not 100% sure. The wording would suggest so but the RTA 1988 seems to be in an even worse state than the Pensions and Finance acts when you look online and I am having trouble spotting the exceptions above at all.

[Guest Breadvan72]

You can drive it to the garage for pre test fixage uppage, so long as whatever is wrong with the heap does not make it OMG unroadworthy.  I CBA to look up whether duff side lights would have that effect.  I assume not.  

[saucedoctor]

 

If you go for a test when the extant certificate has some time to run and the car fails on a minor issue that does not make it unroadworthy, you can still drive it until the cert runs out.

Interesting (and note I'm not saying that I think you're wrong), but:

 

I took a friend's Yaris to the MOT Centre at Larne a couple of years ago. The car failed, just, on rear brake effort. Everything else was fine. The existing cert had about 3 weeks on it IIRC. I asked the tester if I fixed the brakes would it be OK to use it up until the cert ran out. He said "No, because a failure notice is in force"

 

So I sorted out the rear brakes and my friend didn't use it until she got it re-tested.

 

EDIT to add: I know that's slightly different to the scenario you outlined.

[dollywobbler]

A tester can rate a car as dangerous due to failures - ie for a brake fault. I believe that does over-ride an existing test.

[saucedoctor]

Fair enough. Good to know.

[michael1703]

2 pages and nobody has said it...

 

The one problem you have is recovery cover

 

If you break down, RAC/AA etc wont pick you up

 

But as above otherwise,I've done the pre booked mot for 100 miles with no problems

[dollywobbler]

EDIT - Jinx with the above post!

 

I've just had a concern for Skoda Boy - what if the car breaks down? Would the usual breakdown suspects get huffy if there was no tax and test?

 

Of course, there's very little chance of a Skoda Estelle that hasn't seen the road for a few years developing even a minor fault, but it's wise to consider these things I find.