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Mar 10, 2017 22:40:11 GMT
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Oh FFS, read what I put having no MOT is not a reason for the insurers to not pay out.
The insurance industry have to comply with rules as well otherwise they would simply say no every time anybody crashed, obviously they would love to do this so try their best to find any reason to avoid a payout but no mot is not a reason.
What he is doing IS PERFECTLY LEGAL.
Complain about your problems to the insurance ombudsman it costs the insurer every time there is a complaint made against them, use your legal cover to sort it out if you have it.
The guy has looked it over and determined it's in good enough order to drive I am assuming if there are sharp rusty edges, no brakes, cords poking out of the tyres and none of the lights work then he is not stupid enough to drive it.
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[quote author=" PandaSelecta" source="/post/2298474/thread" timestamp="1489094331As far as I can see there are no rules against it specifically but it seems a bit vague.[/quote]It can only be driven direct to an mot station. Driving it to be fixed isn't allowed. In fact its supposed to be that you can't even drive it home after its failed the mot. So basically its - book mot, drive to mot, fail mot, get garage to fix problems for mot, re-test, pass mot, tax car, drive home  [/quote] Yes you can drive it to a garage to be fixed and yes you can drive it home after its failed. Its all there in black and white on the DVLA pages and in the RTA. |
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Oh FFS, read what I put having no MOT is not a reason for the insurers to not pay out. The insurance industry have to comply with rules as well otherwise they would simply say no every time anybody crashed, obviously they would love to do this so try their best to find any reason to avoid a payout but no mot is not a reason. What he is doing IS PERFECTLY LEGAL. . That is correct it has been case proven in court, it all came down to the fact that having a valid MOT doesn't mean a car is road worthy or safe to drive so therefore not having an MOT doesn't mean its not safe, the insurance Co can inspect the car and if they find a fault that has contributed to the accident they can act on that. if they find faults that haven't contributed to the accident they can use that as reason to refuse to pay or lessen payout but they can't just assume a car isn't safe to drive. |
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the wording around taking away post failure is along the lines of "to a place where repairs will be carried out". doesn't say that it must be to a garage/business and that it can't be your mates lock-up/parent's drive etc but it's specifically after the refusal of a test certificate, not drive it somewhere to fix it and then take it for a test. paul It states 'to an appointment to have repairs carried out' |
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fad
Posted a lot
Posts: 1,781
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Mar 14, 2017 11:55:58 GMT
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"place of repair" is very vague. I suspect if pushed that would be defined as a "registered mechanic" maybe?
Either way. Just check the lights, tyres, usual stuff you can reasonably check (make sure the wheels aren't loose with loads of play, nowt is hanging off, brakes work, the brake lines look good as do the discs / pads / drums / shoes (if you can see them), anything a copper could see if they looked hard) and off you go. Take it steady, be sensible. Recovery and trailers aren't cheap, at all. Certainly not £50 to rent one etc. I own a trailer and a suitable tow car, but live in Northumberland so can't help. Usually you would be talking 50p or £1 a mile for a tow - I've towed before for the cost of fuel for people as a favour, and at 35 or under mpg with a loaded trailer it's still costly for going from mine, to the car, to the drop off and back to mine).
We are really delving into the "what if" now though... I mean yes, you don't have an MOT, but are driving it to one. No, you wouldn't drive any car on shagged tyres, smashed glass, no lights etc. SO take the usual precautions. "What if" the trailer you use has a fault that you don't spot? Trailers don't have MOT tests. What if the tow car has a blow out and crashes? What if you drive your daily tomorrow and don't spot an egg on your tyre that goes bang? What if (like my sister) you have a hire car that has a blow out on the M1? What if, right, and this is REALLY crazy... But what if you checked the vehicle over, booked your MOT, drove it there, and NOTHING happened? It got there in one piece, without being pulled, and then, right, it actually PASSES the MOT? I know it's a crazy thought... But it could just happen.
PS
You don't need a trailer licence to tow. For the newer licence (post 96 or whatever it is)... You need to make sure you trailer has brakes (if over 750kg) and that your combined MAM is under 3500kg - that means looking at the max laden weight of your trailer and max laden weight of the car combined, and you are not towing more than the towing weight stated for that car. So a Skoda Octavia VRS (my car) pulling my single axle Brian James trailer with my Volksrod on it is perfectly legal. Were I to do it with an Audi S6 for example, I would need a trailer licence as my weights would be over. Daft, I know, but that's the law.
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Last Edit: Mar 14, 2017 20:21:05 GMT by fad
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Mar 14, 2017 12:40:34 GMT
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"place of repair" is very vague. I suspect if pushed that would be defined as a "registered mechanic" maybe? It is completely undefined. It does say an 'appointment' but it doesn't say it has to be a professional garage. |
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I've got Rovers.
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fad
Posted a lot
Posts: 1,781
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Mar 14, 2017 13:57:31 GMT
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"place of repair" is very vague. I suspect if pushed that would be defined as a "registered mechanic" maybe? It is completely undefined. It does say an 'appointment' but it doesn't say it has to be a professional garage. Wouldnt like to argue the point in court though |
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Mar 14, 2017 14:08:02 GMT
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I doubt It would get that far, even if CPS decided it was in the public interest you could show you were acting within the letter and arguably spirit of the law so there would be no case to answer as long as you had made wherever you were taking it to aware of your intentions. If you were intending to do the work yourself at home and you weren't traveling in the opposite direction it shouldn't be an issue.
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Mar 14, 2017 15:43:16 GMT
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"place of repair" is very vague. I suspect if pushed that would be defined as a "registered mechanic" maybe? Either way. Just check the lights, tyres, usual stuff you can reasonably check (make sure the wheels aren't loose with loads of play, nowt is hanging off, brakes work, the brake lines look good as do the discs / pads / drums / shoes (if you can see them), anything a copper could see if they looked hard) and off you go. Take it steady, be sensible. Recovery and trailers aren't cheap, at all. Certainly not £50 to rent one etc. I own a trailer and a suitable tow car, but live in Northumberland so can't help. Usually you would be talking 50p or £1 a mile for a tow - I've towed before for the cost of fuel for people as a favour, and at 35 or under mpg with a loaded trailer it's still costly for going from mine, to the car, to the drop off and back to mine). We are really delving into the "what if" now though... I mean yes, you don't have an MOT, but are driving it to one. No, you wouldn't drive any car on shagged tyres, smashed glass, no lights etc. SO take the usual precautions. "What if" the trailer you use has a fault that you don't spot? Trailers don't have MOT tests. What if the tow car has a blow out and crashes? What if you drive your daily tomorrow and don't spot an egg on your tyre that goes bang? What if (like my sister) you have a hire car that has a blow out on the M1? What if, right, and this is REALLY crazy... But what if you checked the vehicle over, booked your MOT, drove it there, and NOTHING happened? It got there in one piece, without being pulled, and then, right, it actually PASSES the MOT? I know it's a crazy thought... But it could just happen. PS You don't need a trailer licence to tow. For the newer licence (post 96 or whatever it is)... You need to make sure you trailer has brakes (if over 500kg) and that your combined MAW (maximum allowable weight) is under 3500kg - that means looking at the max laden weight of your trailer and max laden weight of the car combined. So a Skoda Octavia VRS (my car) pulling my single axle Brian James trailer with my Volksrod on it is perfectly legal. Were I to do it with an Audi S6 for example, I would need a trailer licence as my weights would be over. Daft, I know, but that's the law. Wow, what rant and then you go and spoil it but giving incorrect advice.... trailers under 750kg don't need to be braked and it's MAM, max authorised Mass. and the towed trailer cant exceed the plated towing weight of the car which isn't always the laden weight |
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fad
Posted a lot
Posts: 1,781
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Mar 14, 2017 20:14:44 GMT
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Sorry dunno why I typed 500.
Yes there is also plated towing weight too. You need to be within both. Apologies.
And... not a rant. Just dunno what everyone is getting their frilly knickers in a knot about. Yes the MOT checks a lot of stuff, and much if it is stuff no one ever checks between MOTs (like brake lines etc). It's legal, within the letter of the law and so long as he doesn't do owt daft, perfectly fine. I did a similar thing with a Bug I bought. MOT local (Stoke) to where I bought it, drive it to place of repair (Mansfield) and then back to Stoke for the free retest (and to return the car to the seller cos it was an absolute dog).
...ended up buying it back in the end and turning it into my Volksrod LOL LOL LOL
FWIW it has an MOT and was rotten as a pear under the sealer and filler and as the full resto I am half way through shows, was not at all safe to drive despite this.
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Last Edit: Mar 14, 2017 20:28:12 GMT by fad
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fad
Posted a lot
Posts: 1,781
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Mar 14, 2017 20:22:15 GMT
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Wow, what rant and then you go and spoil it but giving incorrect advice.... trailers under 750kg don't need to be braked and it's MAM, max authorised Mass. and the towed trailer cant exceed the plated towing weight of the car which isn't always the laden weight Ammended the post. |
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mexicansteve
South West
Posts: 683 
Club RR Member Number: 31
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Driving a vehicle with no MOTmexicansteve
@mexicansteve
Club Retro Rides Member 31
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Mar 15, 2017 15:54:57 GMT
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Hi my name is Mexicansteve and I like to kick hornets nests 😊
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BeQuietandDrive
1989 Bedford Astra Van
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fad
Posted a lot
Posts: 1,781
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Mar 15, 2017 16:24:40 GMT
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Hi my name is Mexicansteve and I like to kick hornets nests 😊 Tell me about it LOL |
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[/quote]
