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Old 06 January 2006, 06:47 PM
  #1  
lukey1
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Default no mot......points???

hi all quick answer needed

a friend of mine was pulled over today and given a producer, problem is the car he was driving has just turned 3 years old and has no mot does this mean he will get points on his license or just a fine if he cant produce this mot certificate (car is taxed and insured).

(now where did i put that number for dial "a" mot)


luke
Old 06 January 2006, 06:49 PM
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tath
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no MOT technically invalidates insurance, so could get about 6 points.
Old 06 January 2006, 09:02 PM
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Pixxie
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not sure on tis one- depends on the policeman i guess???

Someone must have an idea on here...?
Old 06 January 2006, 09:15 PM
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NWMark
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same happened to my mate, although his hadnt been MOT'd for 3 months, get it MOT'd asap and take that with the producer, as they never checked the issued date on his MOT just that it was valid for his car

depends how thorough the person is on the desk when he takes it in

Mark
Old 06 January 2006, 09:31 PM
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Raartoot
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Originally Posted by NWMark
same happened to my mate, although his hadnt been MOT'd for 3 months, get it MOT'd asap and take that with the producer, as they never checked the issued date on his MOT just that it was valid for his car

depends how thorough the person is on the desk when he takes it in

Mark
You beat me to it, exactly what I was gonna say

Try it and then tell him to bloody learn his lesson...
Old 06 January 2006, 09:31 PM
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fitzscoob
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No mot = invalid insurance.

Get mot asap, and as above hope the desk clerk isnt fully awake.
Old 06 January 2006, 11:29 PM
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tath
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Originally Posted by Pixxie
not sure on tis one- depends on the policeman i guess???

Someone must have an idea on here...?
Yeah me
Old 07 January 2006, 01:00 AM
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Kevin Greeley
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Originally Posted by fitzscoob
No mot = invalid insurance.
That can't be right - how come you're allowed to drive to the test centre?

You might invalidate your insurance by having an 'unroadworthy' vehicle - the MOT test only checks your vehicle is roadworthy on the day of the test!

Found this on some legal site:

"When the vehicle can be used without an MOT certificate

In some situations, the vehicle can be used on the road without an MOT, without the driver being guilty of an offence. These are:

where the driver is on the way to or from a testing-centre, provided they have a pre-booked appointment

where the vehicle has failed the MOT and the driver by prior arrangement is taking it to, or bringing it from a place where work is to be or has been carried out,

where it is being towed to a scrap-yard following a failed MOT

where the vehicle is being used by the MOT-tester in connection with the test itself"
Old 07 January 2006, 01:04 AM
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Kevin Greeley
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No points for no MOT! -

"Maximum Sentence

This offence can be dealt with only by the Magistrates Court. The maximum penalty for private vehicles is a fine of up to £1000.

The Court has no power to disqualify for this offence or put penalty points on a driver’s licence. The fine will often reflect the condition of the vehicle."
Old 07 January 2006, 01:06 AM
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Arctic Chill
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Probably, won't get points. Even if it goes to court.
Get it MOT'd asap. If you eventually do end up in court simply explain the circumstances and you got it MOT'd as soon as you were aware, might even get away without a fine.
Old 07 January 2006, 01:20 AM
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tath
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Originally Posted by Kevin Greeley
That can't be right - how come you're allowed to drive to the test centre?
You just explained why!!! insurer will laugh you out the door if you have no MOT. It isn't even small print! FFS!
Old 07 January 2006, 02:01 AM
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I once recieved a £25 fine in court for driving without an MOT, this was about 5 years ago though.

HTH

Cookie
Old 07 January 2006, 08:22 AM
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ex-girlfriends car got pranged while parked a few years ago, and the insurance paid up even though it had no MoT at the time...?!
Old 07 January 2006, 09:36 AM
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Originally Posted by tath
no MOT technically invalidates insurance, so could get about 6 points.

Utter crap ... urban myth ... what does question the Insurance is an unroadworthy vehicle NOT the fact it has no MOT.

I would get it MOT'd forthwith and just 'front' the fact that you/he/she forgot - depends upon the time lapse ... if its days then they should be ok.

6 points!! aren't keyboarde experts brilliant!

Pete
Old 07 January 2006, 09:46 AM
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wilkoca
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Originally Posted by pslewis
Utter crap ... urban myth ... what does question the Insurance is an unroadworthy vehicle NOT the fact it has no MOT.

I would get it MOT'd forthwith and just 'front' the fact that you/he/she forgot - depends upon the time lapse ... if its days then they should be ok.

6 points!! aren't keyboarde experts brilliant!

Pete

An MOT is a certificate of road worthyness therefore if no mot your car cannot be proven to be road worthy, all insurance policies have this road worthy clause so yes you are technically uninsured.
However back in the real world with crap claims service and civilian's who can bareley speak english on police front desks i think you've nothing to worry about
Old 07 January 2006, 09:48 AM
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pslewis
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Originally Posted by wilkoca
An MOT is a certificate of road worthyness therefore if no mot your car cannot be proven to be road worthy, all insurance policies have this road worthy clause so yes you are technically uninsured.
However back in the real world with crap claims service and civilian's who can bareley speak english on police front desks i think you've nothing to worry about
It CAN be proven roadworthy without an MOT .......... all you need is an expert to pronounce it roadworthy!

An MOT done immediately is essential, however, to show good faith and good intentions.

Pete
Old 07 January 2006, 09:51 AM
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GrahamG
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Originally Posted by wilkoca
An MOT is a certificate of road worthyness therefore if no mot your car cannot be proven to be road worthy, all insurance policies have this road worthy clause so yes you are technically uninsured.
However back in the real world with crap claims service and civilian's who can bareley speak english on police front desks i think you've nothing to worry about
Well you are both correct. insurance would be null and void BUT, the DVLA do not see the Law like that. All you get for no MOT is a fine, like pete said up to 1K.

Look on DVLA for all the info.
Old 07 January 2006, 09:52 AM
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i'm pretty sure that no points will be the outcome of no mot !! it should be !! but as the law stands . no !
Old 07 January 2006, 09:54 AM
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pslewis
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Originally Posted by GrahamG
Well you are both correct. insurance would be null and void BUT, the DVLA do not see the Law like that. All you get for no MOT is a fine, like pete said up to 1K.

Look on DVLA for all the info.
I will repeat myself, again .............. Insurance is ONLY null and void if the car is UNROADWORTHY!

It has NOTHING to do with having an MOT or not!!

A car does NOT become unroadworthy 1 second after the MOT becomes due when the vehicle is 3 years old .... the Insurance is still valid!

Pete
Old 07 January 2006, 09:57 AM
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GrahamG
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Originally Posted by pslewis
I will repeat myself, again .............. Insurance is ONLY null and void if the car is UNROADWORTHY!

It has NOTHING to do with having an MOT or not!!

A car does NOT become unroadworthy 1 second after the MOT becomes due when the vehicle is 3 years old .... the Insurance is still valid!

Pete
I need to check my insurance documents and see what they say... I know that you don't get points for no MOT anyway......
Old 07 January 2006, 10:02 AM
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Crosstalk
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If there is no central computer record of MOT's held that Police can access (does ayone know if there is?) how feasible would it be to say you have one in the house, but can't find it, so you just stuck the car through another MOT to get one for sake of the £30 quid or whatever it costs?
Old 07 January 2006, 10:08 AM
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pslewis
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Originally Posted by Crosstalk
If there is no central computer record of MOT's held that Police can access (does ayone know if there is?) how feasible would it be to say you have one in the house, but can't find it, so you just stuck the car through another MOT to get one for sake of the £30 quid or whatever it costs?
They ask you to get a copy ............

Currently, its all being computerized - so, they WILL know if a car they see has an MOT or not (even what it failed on!!)

Insurance always states that you agree to keep the car in a roadworthy condition - it NEVER states that an MOT is required!

Pete
Old 07 January 2006, 10:19 AM
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wilkoca
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Originally Posted by pslewis
They ask you to get a copy ............

Currently, its all being computerized - so, they WILL know if a car they see has an MOT or not (even what it failed on!!)

Insurance always states that you agree to keep the car in a roadworthy condition - it NEVER states that an MOT is required!

Pete
As i said before an MOT proves your car is road worthy, without that its very hard to prove a car is roadworthy.
Now if your car was stolen from your drive without an mot fine the insurers would pay out albeit a lower figure.
If your car was involved in an rta without a valid mot and the cause of the accident was thought to be a defect due to unroadworthyness then your insurance company can repudiate your claim.
Old 07 January 2006, 10:48 AM
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Originally Posted by wilkoca
As i said before an MOT proves your car is road worthy, without that its very hard to prove a car is roadworthy.
Now if your car was stolen from your drive without an mot fine the insurers would pay out albeit a lower figure.
If your car was involved in an rta without a valid mot and the cause of the accident was thought to be a defect due to unroadworthyness then your insurance company can repudiate your claim.

An mot only proves the car was roadworthy at the time of the test,As soon as you leave the testing station its just a piece of paper to prove the car was road worthy on the day of issue.It does not prove the car is road worthy
for the rest of the year.
Old 07 January 2006, 11:09 AM
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wilkoca
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Originally Posted by Turbotits
An mot only proves the car was roadworthy at the time of the test,As soon as you leave the testing station its just a piece of paper to prove the car was road worthy on the day of issue.It does not prove the car is road worthy
for the rest of the year.
Quite true when i get my bike mot'ed the road legal can goes on, when its got the ticket the race goes back on.

However the mot is the only accepted certification for the police and insurance companys that your car is roadworthy!
Old 07 January 2006, 12:46 PM
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You are insured legally as far as the police is concerned,the issue is with your insurer in the event of a claim...no MOT look in the local paper and you will get a feel of the fines delivered.get the car MOT'd ASAP and explain it was an oversight, would have thought £50 fine would be about the going rate..no points on licence .
powerman
Old 07 January 2006, 12:55 PM
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What about road tax ??
Did he tax it for 6 months at one point that would be the only way to be running without an MOT on a new vehicle ?
Old 07 January 2006, 01:25 PM
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Originally Posted by wilkoca
However the mot is the only accepted certification for the police and insurance companys that your car is roadworthy!

WRONG!

In court you could present an expert who can state EXACTLY what roadworthy condition the car was in at a certain time, maybe at the time of an accident.

An MOT is carried out by an MOT Mechanic and they are susceptable to many errors as we know ................ even corruption (as is posted on here regarding non CAT friendly MOT testers).

So, the MOT is only a piece of paper to state that at one point in time the car was roadworthy - if you have an accident with a lampost (say) and you carry on driving with a wheel off and jagged metal edges waving around ... you then have an unroadworthy car ..........

Or do you???? as you have an MOT

No, a lack of MOT does NOT invalidate your insurance at all ...... an unroadworthy car most certainlt does!

Pete
Old 07 January 2006, 01:28 PM
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Get it moted and get the mot certifacte back dated
Old 07 January 2006, 01:32 PM
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Originally Posted by DIPSY
Get it moted and get the mot certifacte back dated
Isn't that Illegal??

Corruption and perverting the course of justice, hmmmmmmmmmm - yes, wise advice that!!

Pete



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