Repairs after MOT due

Haggisman said:
And you sound like you're making up rules which don't exist, doing something "not illegal" is not "exploiting a loophole", it's just "not doing something illegal".

Again, legislation please (the fact you think an insurer has the legal power to fine you suggests you don't actually have a clue what you're talking about).

Are you drunk now, because this sounds like the ramblings of a madman! :cry:

I've just checked my previous policy documents and there's no mention of MOT.

My current policy says: "Keep it roadworthy with a valid MOT if required by law". An MOT isn't required by law if the car is not being driven on the public highway.

There's no mention of VED/tax in either policy document

Yes, because if they're not using the car for months on end, it makes no sense to keep paying the VED.

There isn't (happy to be proven wrong if you you can advise of the legislation which states this).

The legal definition of fraud requires an element of financial gain/causing a loss to someone else, so it wouldn't.

"Being issued to" and "immediately invalidated by lack of" are not the same thing.
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So your mentality is just to try and get away with any legal loophole if there's a technicality. I see.

If you ring the DVSA and said, my car has failed/expired it's MOT, can I tax it, you know full well the answer would be no - just because you taxed it before this, does not make the tax properly legimate at this point, because tax requires a valid MOT. So you are just challenging a grey area loophole.

An insurer can fine you in the sense of keeping a chunk of your insurance when cancelling it due to you voiding the T's & C's, thus not refunding you what you would have got it you had abided by the agreement you agreed to.

How ironic, I offer the OP advise on how to trailer or use a recovery truck, and you've just hijacked this thread rambling on about legal technicalities on something that is basically fraud, but it's fine because "I wont get caught" grey area mentality.

The fact is, you need to have a roadworthy car to tax it, having failed an MOT, or it expired, means that road tax is not technically valid, because your vehicle now isn't road worthy/hasn't got a valid MOT - how is this difficult to understand? Just because they might not bother to chase you up on it, doesn't mean you're not playing the system thanks to having taxed it before the MOT expired/failed.

Yes, exactly, so why did you disagree with me regarding 'summer cars' and yet now agree, despite me saying the same thing both times, and I'm the drunk one am I :P

There has always been a fine for not SORNing a car when you should have @SonicSW20 @Haggisman :

What is the law on vehicle tax?​

Any vehicle that is not exempt or declared SORN (subject to a Statutory Off Road Notice) has to be taxed and insured.
The Vehicle Excise and Registration Act 1994
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What offences have I committed? How will the DVLA proceed?​

  • If a vehicle has not been taxed / declared SORN​

    Offences are committed, regardless of whether the vehicle is being used. If a road fund licence has not been purchased, in the absence of a SORN declaration, the offence of "being the registered keeper of an untaxed vehicle" is committed. The DVLA would normally issue a £l80 Fixed Penalty (reduced to £40 if paid within 28 days). If that is ignored, or the vehicle is still not declared SORN, a Court process will be commenced via the Single Justice Procedure, which can result in a significant fine, plus a claim for back-tax.
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Nabinium said:
I do think we're constantly going round in circles here...
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I was offering the OP advise on how to transport his car to and from a repair shop, and instead of others focus on that, it's now been hijacked and become a discussion about legal grey areas :rolleyes:

A thread cleanup would be a good shout.
 
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Not bickering, just giving my opinion on what the OP should do...

In my opinion road tax isn't void if the MOT lapses. It simply prevents you taxing the car when it's due. When I was a lot younger you didn't need to show an MOT to get tax. But then it was introduced as a way to prove you had an MOT. This was back in the days of having a tax disc in every car window and having to go to the Post Office to buy VED. A police officer could tell at a glance if the car was taxed by the colour of the disc in the window. If it was taxed then it probably had an MOT at some recent point. Also, VED is a money maker for the government. The government loves our money. I can't see them wanting everyone with a failed MOT to cancel their VED.

However, insurance to drive is usually void without an MOT as it is usually a condition of your policy that it has an MOT.

If it were me then I would leave the car on your driveway once the MOT lapses as it can't be on the road. But in my opinion you do not need to SORN it as long as you still have tax and insurance. If you SORN it then you need to cancel the tax and insurance. You definitely want insurance of some kind in case it is stolen from the driveway (although you can get specific lay-up insurance for SORNed cars).

However, the issue you're going to have is getting the car to the garage to do the rust work. You can drive a vehicle to a pre-booked MOT station or to a garage for pre-booked MOT repairs. But you can't drive a car if it is in an unroadworthy condition. Those two positions are juxtaposed as strictly speaking a car without an MOT is not roadworthy. Ultimately the decision would be for any police office that might stop you. I take it to mean that you can drive to a pre-booked appointment to get a minor repair that has failed the MOT. But any serious defect would mean you can't drive it at all. So it would depend on how bad the rust issue is. e.g. if the bottom of the car is about to fall out then I would think, if stopped, the police would have a serious issue with the car being driven even to a repair. So if the rust is very bad then you might need to consider a mobile welder coming to you, or getting the car transported to the garage.
 
You can drive it to and from the station with a minor or major fail, but not a dangerous.
Providing of course it’s pre booked for repair as said above.
For it to be a dangerous fail due to corrosion it’d have to be really bad.
 
Hades said:
Not bickering, just giving my opinion on what the OP should do...

In my opinion road tax isn't void if the MOT lapses. It simply prevents you taxing the car when it's due. When I was a lot younger you didn't need to show an MOT to get tax. But then it was introduced as a way to prove you had an MOT. This was back in the days of having a tax disc in every car window and having to go to the Post Office to buy VED. A police officer could tell at a glance if the car was taxed by the colour of the disc in the window. If it was taxed then it probably had an MOT at some recent point. Also, VED is a money maker for the government. The government loves our money. I can't see them wanting everyone with a failed MOT to cancel their VED.
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This

Hades said:
However, insurance to drive is usually void without an MOT as it is usually a condition of your policy that it has an MOT.
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To drive yes, however I can imagine that any insurer who tried to decline a claim for a stolen car stolen purely based on the fact the MOT had expired would get a very stern talking to by the insurance ombudsman!

Hades said:
If it were me then I would leave the car on your driveway once the MOT lapses as it can't be on the road. But in my opinion you do not need to SORN it as long as you still have tax and insurance. If you SORN it then you need to cancel the tax and insurance. You definitely want insurance of some kind in case it is stolen from the driveway (although you can get specific lay-up insurance for SORNed cars).
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Also this

Hades said:
However, the issue you're going to have is getting the car to the garage to do the rust work. You can drive a vehicle to a pre-booked MOT station or to a garage for pre-booked MOT repairs. But you can't drive a car if it is in an unroadworthy condition. Those two positions are juxtaposed as strictly speaking a car without an MOT is not roadworthy. Ultimately the decision would be for any police office that might stop you. I take it to mean that you can drive to a pre-booked appointment to get a minor repair that has failed the MOT. But any serious defect would mean you can't drive it at all. So it would depend on how bad the rust issue is. e.g. if the bottom of the car is about to fall out then I would think, if stopped, the police would have a serious issue with the car being driven even to a repair. So if the rust is very bad then you might need to consider a mobile welder coming to you, or getting the car transported to the garage.
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Yeah, roadworthy and MOT are not really interchangeable - the MOT merely indicates the car was in a roadworthy condition at the point of the test, a bulb could blow as you drive out of the MOT centre and the car would no longer be roadworthy. Knowingly driving a car with a dangerous fault is an offence, and would also likely void your insurance.
 
JonRGV250 said:
You can drive it to and from the station with a minor or major fail, but not a dangerous.
Providing of course it’s pre booked for repair as said above.
For it to be a dangerous fail due to corrosion it’d have to be really bad.
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Thanks. I'd forgotten the minor, major or dangerous category is listed against any issues found. This makes sense.
 
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