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THE MOT which comes first.


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davenewell@home - 2010-04-09 8:31 PMInsurance, then you can pre-arrange a MOT test which you can legally drive to and from with no tax. Only when the MOT test is passed can you get the road fund licence (road tax).D.

 

Hi Dave, I think it is correct and worth mentioning, that you are not allowed to take vehicle on public highway after test, if it fails. Seems strange when the vehicle was driven in the same condition before the test.

 

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Hi,

 

Sorry wrong there.

 

For road tax purposes (only?), a vehicle may be driven without tax to a PRE-ARRANGED MOT. Whether it passes or fails, it may be driven home again.

 

Having failed an MOT, it may be driven to a place (your mate's house) where the NECESSARY work is to be carrid out by PRIOR ARRANGEMENT. It may be driven home again.

 

A vehicle undergoing any of the above journeys is an EXEMPT vehicle, and is therefore also exempt from MOT regulations. Do a Google for VEHICLE EXCISE AND REGISTRATION ACT 1994, where you will find this listed in one of the appendicies (sp?) under EXEMPT VEHICLES.

 

There is case law to say that you MAY stop on way to test. (My mate Fred in the Swansea Valley stuck his neck out .... and his wallet, won his appeal).

 

Note, the above exemptions do not apply until you have failed a test, just thinking you will fail is not good enough.

 

I'm guessing that a COMPULSORY test, does not include a test booked before the old test expires ...... but if your test has not expired, then you can tax your car anyway.

 

In theory, you should not drive a car that is defective, and the MOT fail says yours is defective ..... and Plod will know. But VERA 94 says you CAN drive it home :-S Is that permission to drive a defective car? I'll argue about that another day. *-) Or preferably not.

 

Can you still use an untaxed car to take voters to the polls? :D

 

602

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Wherethe relevant certificate is refused on a compulsory test of a vehiclethe vehicle is an exempt vehicle when it is being used solely for thepurpose of—

(a)delivering it (by previousarrangement for a specified time on a specified date) at a place whererelevant work is to be done on it, or

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

H W3526602i, Thanks for the info. On reading the act it  specifies taking vehicle for repair to specified place at specified time. Possibly taking it home for repair might just satisfy Mr Plod. The odds on getting stopped these days are pretty slim but in case of an accident some insurance companies are slippery when it comes to paying out. I might just ask a policeman about this one, if I ever see one out and about!

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Hi Creaky,

 

Road Traffic Acts 1988 (I think) possibly para 148, which covers insurance, there is a list of excuses that insurance companies cannot use to avoid paying out. At least, I think thats what it says ...... too many double negatives for my comfort.

 

Condition of the vehicle cannot be used as an excuse. But that doesn't include OWN DAMAGE ....... and they can sue you to get their money back.

 

In effect, if you have a driving licence and a certificate of insurance, then you are covered against 3rd party claims. ???

 

602

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Hi,

 

Taken from an MOT website.........

 

HOW FAR CAN I DRIVE TO THE TEST STATION

I am aware that a car that does not have a current MOT Certificate is not allowed to be used on the road except when going for repairs for a test, or to a prearranged test. Is there a milage limit as to how far a car can be driven without an MOT if it is going to a test centre - ie can one drive 40miles in the car if it to be to an MOT appointment with a garage?

 

No there is no mileage limit. - MOTT

 

End of quote ....... Your MOT test certificate does not say that your car is roadworthy, only that it passed an MOT examination within the last twelve months. Failing an MOT does not mean that your car is dangerous.

 

602

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Hi,

 

Further to yesterdays answer, the Act says.....

 

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, or

 

(b) bringing it away from a compulsory test.

 

(2) A vehicle is an exempt vehicle when it is being used by an authorised person in the course of a compulsory test solely for the purpose of—

 

(a) taking it to, or bringing it away from, a place where a part of the test is to be, or has been, carried out, or

 

(b) carrying out a part of the test.

 

(3) Where the relevant certificate is refused on a compulsory test of a vehicle 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.

 

In my opinion, Para 22(1)(b) also includes Para 22(3)(a), as "bringing it away" does not specify the destination. Therefore Para 22(3)(a) is redundant UNLESS it refers to a seperate journey, different time, different destination.

 

602

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I asked this question of the DVLA in 2008. Below is my email to them and their emailed reply:

FD

......................................................................................................................

 

Thank you for your email.

 

It may help you to know that you can drive your vehicle untaxed on a public road so long as you are going to, or from, a pre-arranged Mot test and you are insured for the journey. There is no limit to the distance a vehicle can travel to an MOT test.

 

Regards

 

Miss G Davies

www.direct.gov.uk/motoring

 

 

[THREAD ID:1-S8C05]

 

-----Original Message-----

From: *******@aol.com

Sent: 08/05/2008 20:22:02

To: vehicles.dvla@gtnet.gov.uk

Subject: SORN & MOT

 

 

I have a vehicle that has a current SORN. It is not taxed nor does it have a current MOT but it is fully insured.

 

I now need to take the vehicle for an MOT test. Can I drive the vehicle to and from the MOT station even though it is not taxed nor tested? The MOT Station that I propose to use is local but it is not THE most local to me.

 

Thank you in anticipation, for your help.

 

******* *****

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W3526602 - 2010-04-13 6:41 AM Hi, Further to yesterdays answer, the Act says..... 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, or (b) bringing it away from a compulsory test. ............ (3) Where the relevant certificate is refused on a compulsory test of a vehicle 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. In my opinion, Para 22(1)(b) also includes Para 22(3)(a), as "bringing it away" does not specify the destination. Therefore Para 22(3)(a) is redundant UNLESS it refers to a separate journey, different time, different destination. 602

The difference, I think, is in the wording of Paras 22(2) and 22(3).  22(2) deals with the situation before, and after, the vehicle is tested and passes the test.  22(3) deals with the situation where the vehicle has been tested, has failed, and must be removed for repair and taken back for re-testing.  22(3)(a) is not redundant, it deals with a different circumstance.  However, we could argue our barrack room lawyer points on here all day, the final arbiter would be a Judge, were you charged with having misinterpreted the meaning of the Act!  :-)

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Hi,

 

A vehicle going to and from a pre-arranged MOT is an EXEMPT VEHICLE.

 

That means it does not need a tax disc. A vehicle which is EXEMPT is also exempt from MOT regulations.

 

DVLA, in their infinite wisdom, also use the word EXEMPT to mean a vehicle which does need a disc, but the disc is free ..... as in "Historic Exempt".

 

Did you know you can insure your kit-car using just the chassis number, then drive it to an SVA test without number plates?

 

602

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W3526602 - 2010-04-13 4:25 PM Hi, A vehicle going to and from a pre-arranged MOT is an EXEMPT VEHICLE. That means it does not need a tax disc. A vehicle which is EXEMPT is also exempt from MOT regulations. ..............

For the avoidance of doubt, it should perhaps be pointed out that these exemptions are temporary, and are only in force for so long as the vehicle is in transit as described.  Neither is a general exemption to the requirement to have, and display, an up to date tax disc and, if required, a current MoT test certificate.

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