thefreak
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| posted on 30/6/11 at 01:57 PM |
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Official clarification please
Can you, or can you not drive a car without a valid MOT/tax (SORNed but fully insured) to and from a pre-booked MOT station?
I'm trying to find actual law etc but all I'm getting is posts on forums and hearsay etc
Want to SORN the MX5 tonight but need to get an exhaust fitted on Saturday and it's 150 miles away. Garage owner said it's fine as long as
it's booked in for an MOT with him... I'd like a bit more clarification before I make the trip
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Davey D
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| posted on 30/6/11 at 02:02 PM |
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Yes you can as long as its pre-booked
edit - just seen its 150 miles away. if you got pulled over they would think your taking the wee driving to an mot station 150 miles away 
[Edited on 30/6/11 by Davey D]
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thefreak
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| posted on 30/6/11 at 02:04 PM |
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quote:
Originally posted by Davey D
Yes you can as long as its pre-booked
edit - just seen its 150 miles away. if you got pulled over they would think your taking the wee driving to an mot station 150 miles away
[Edited on 30/6/11 by Davey D]
Even if it's not got tax and declared SORN?
It's 150 miles away as it's an exhaust specialist whos also fitting a new clutch and doing me a very good price 
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blakep82
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| posted on 30/6/11 at 02:05 PM |
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i know you're looking for evidence, and official proof from government websites etc, which i can't give, but yes, you can as long as its a
pre booked MOT (bearing in mind you can't get tax without an MOT), but if you get pulled, i think you'll struggle to convince a copper
that there isn't a closer MOT station to you than 150 miles away. he'd have to query why you don't just take it your local one
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
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thefreak
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| posted on 30/6/11 at 02:10 PM |
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quote:
Originally posted by blakep82
i know you're looking for evidence, and official proof from government websites etc, which i can't give, but yes, you can as long as its a
pre booked MOT (bearing in mind you can't get tax without an MOT), but if you get pulled, i think you'll struggle to convince a copper
that there isn't a closer MOT station to you than 150 miles away. he'd have to query why you don't just take it your local one
Found it:
http://www.direct.gov.uk/en/Motoring/OwningAVehicle/UntaxedVehicle/DG_069727
Specialist parts as it's 1/2 way to be a race car officer
The main reason for not trailering it, is the trailer I've bought is 2.5 hours north of me and the garage is 2.5 hours south of me, plus we want
to make a weekend of it down on the south coast and trying to lug a trailer around all weekend is gonna be a pain in the ass as I've not even
bought a clamp for it yet.
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cliftyhanger
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| posted on 30/6/11 at 02:12 PM |
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for the sake of a months tax and a MoT I suspect it could be a whole load of trouble.
As above, the plod will not take kindly to the MoT thing, and DVLA less so. If you are caught on an anpr camera and get a fine, I don't think
you would have a lot of defence. As a minimum they would expect you to produce the fail shhet plus the retest.
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loggyboy
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| posted on 30/6/11 at 02:14 PM |
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Yes you can for sure:
Driving an untaxed vehicle to an MOT test
You can drive your vehicle to and from a pre-arranged test at an MOT test station as long as you have adequate insurance cover in place for the use of
that vehicle.
http://www.direct.gov.uk/en/Motoring/OwningAVehicle/HowToTaxYourVehicle/DG_069671
Ad of course its fine if its untxed/sorn as you cant get tax without an MOT, and if its not taxed it should be sorned!
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thefreak
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| posted on 30/6/11 at 02:16 PM |
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It's all a little bit short notice though, I haven't got the V5 back for the car yet, I wont have time to get the MOT done before the
weekend and the weekend is the only free time to get the car sorted before the trackday in 2 weeks
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SteveWalker
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| posted on 30/6/11 at 02:24 PM |
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Are you SORNing it because it needs taxing, but the MOT has run out? If it needs an exhaust to pass the MOT and the reason you are using that
particular garage is because they're a specialist exhaust centre and you're getting a bespoke exhaust, then even if you were stopped,
you'd have a pretty good defence. They could argue that you could have used somewhere closer, but using a specialist and at an advantageous
price would seem reasonable even at that distance.
The legislation definitely allows you to drive to and from an MOT. In fact I think that the government website is actually lacking, because I'm
pretty sure that you have the right to drive to and from somewhere where you are going to have work done to enable the vehicle to pass an MOT, not
just to and from an MOT station.
Although you'd be stretching a point somewhat, there is nothing in the legislation that limits how far away the MOT centre or garage can be, as
far as I know.
I must say though, that if possible, I'd avoid any hassles by getting it taxed.
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dhutch
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| posted on 30/6/11 at 02:47 PM |
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What you need, is a trailer.... imo
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stevebubs
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| posted on 30/6/11 at 02:52 PM |
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The Motor Vehicles Tests Regulations 1981:
http://www.legislation.gov.uk/uksi/1981/1694/contents/made
6. Exemptions
(2) Pursuant to section 44(6) the Secretary of State hereby exempts from section 44(1) for use of a vehicle;
(a) (i) for the purpose of submitting it by previous arrangement for, or bringing it away from, an examination, or
(ii) in the course of an examination, for the purpose of taking it to, or bringing it away from, any place where a part of the examination is to be
or, as the case may be, has been, carried out, or of carrying out any part of the examination, the person so using it being either—
(A) an examiner, or a Ministry Inspector or an inspector appointed by a designated council, or
(B) a person acting under the personal direction of an examiner, a Ministry
Inspector or a designated Council, or
(iii) where a test certificate is refused on an examination—
(A) for the purpose of delivering it by previous arrangement at, or bringing it away from, a place where work is to be or has been done on it to
remedy for a further examination the defects on the ground of which the test certificate was refused; or
(B) for the purpose of delivering it, by towing it, to a place where the vehicle is to be broken up;
(b) for any purpose for which the vehicle is authorised to be used on roads by an order under section 42;
(c) where the vehicle has been imported into Great Britain, for the purpose of its being driven after arrival in Great Britain on the journey from the
place where it has arrived in Great Britain to a place of residence of the owner or driver of the vehicle;
(d) for the purpose of removing it in pursuance of section 3 of the Refuse Disposal (Amenity) Act 1978 of moving or removing it in pursuance of
regulations under section 20 of the Road Traffic Regulation Act 1967 as altered by the Removal and Disposal of Vehicles (Alteration of Enactments)
Order 1967 or of removing it from a parking place in pursuance of an order
under section 31(1) of the Road Traffic Regulation Act 1967, an order relating to a parking place designated under section 35 thereof, or a provision
of a designation order having effect by virtue of section 39(2) thereof;
(e) where the vehicle has been detained or seized by a police constable, for police purposes connected with such detention or seizure;
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stevebubs
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| posted on 30/6/11 at 02:56 PM |
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And the aforementioned Section 44...
http://www.legislation.gov.uk/ukpga/1972/20/section/44/enacted
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stevebubs
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| posted on 30/6/11 at 02:57 PM |
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trust that answers your question sufficiently?
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Brook_lands
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| posted on 30/6/11 at 03:04 PM |
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Remember the vehicle has to comply with construction and use regs regardless. If you are ok on the MOT and tax issue, are you confident that a
wee'd off officer going over the car with a fine tooth comb is not going to find something under C&U to make up for not being able to get
you for no tax/MOT?
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blakep82
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| posted on 30/6/11 at 03:08 PM |
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it really comes down to how well you can convince the copper that you NEED to take it to that particular place, you need to come up with a very good
arguement really.
i shouldn't imagine saying the car is 1/2 way to becoming a race car is going to hold water, since a race car wouldn't be MOT'd (as
a proper track only race car) so why are you taking it 150miles for an MOT it doesn't need
there will (almost always) be a MOT station in your town, and they will be able to fit an exhaust. i can't imagine a copper caring if its a
custom exhaust, he'd be asking why you can't fit a standard one (bearing in mind what i said before about it being 1/2 way to a race car)
trailer is the only way IMO, but certainly try if you want to! you can drive to a pre booked mot, as said before
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
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Dusty
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| posted on 30/6/11 at 03:30 PM |
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I suspect you know the answer already. How about you ring your insurance company and tell them you're driving it 150 miles for an MOT and see if
they are happy with the arrangements and will confirm your cover is valid.
This is something that sleazy lawyer Mr Loophole might get you off if you can afford him but you are at best exploiting a possible loophole in the
law. Your argument is that you are going for a prebooked MOT but you admit you are really going for a new exhaust.
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loggyboy
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| posted on 30/6/11 at 03:47 PM |
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quote:
Originally posted by blakep82
it really comes down to how well you can convince the copper that you NEED to take it to that particular place, you need to come up with a very good
arguement really.
But unless the law states a maximum distance then even if a policer orriface did want to take it further, there is nothing in the legislation to say
you arent within your rights to drive to your prefered MoT station.
I would expect the CPS wouldnt persue any further.
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matt_gsxr
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| posted on 30/6/11 at 03:56 PM |
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Make sure you have all the paperwork (driving license, V5, insurance, letter with MOT booking details) with you in the car, that you go by a fairly
direct and obvious route (may be a printout of route plan from your home to MOT station in car) and I am sure you will be fine. If you have the
previous fail sheet then that might be good to demonstrate that the car is mostly fine.
If you get stopped then explain politely.
Make it easier for them to let you carry on your journey than detain you.
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