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MINI Coupe - Mot distance to test centre - strickjumpers

Hello everyone.

Not entirely in the spirit of things do do this but..is it legal to purchase a recently failed mot vehicle that does not have any DANGEROUS.items on the failure and if insured drive a considerable distance to a booked test

.

Just by way of getting the vehicle home on the road.

Thanks.

Mike.

MINI Coupe - Mot distance to test centre - Middleman

There is nothing in the legislation restricting the distance or journey time that may be driven to a pre-booked MoT the important thing is that the test must be pre-booked (best to get a written confirmation, e-mail or text). There isn't much case law that I know of on this topic but the one I recall was that of Secretary of State for Transport vs Richards (though I cannot find a link). Mr Richards drove to a pre-booked MoT test but took a long time, making a couple of stops (I think to visit a friend and to buy some goods) on the way. He was nabbed whilst parked at the shops and prosecuted for driving without an MoT. He was convicted in the Magistrates' Court but won an appeal in the Crown Court. The CPS appealed that verdict but the High Court upheld his acquittal.

The danger is that some police officers embellish the legislation with their own interpretations. A friend of a friend was given a Fixed Penalty for no MoT when driving it to a pre-booked test. The car had been off the road for over a year being restored and the officer told him that the exception was only supposed to be for cars where the MoT had only recently expired. Quite how the officer believed anybody was supposed to secure an MoT in such a situation was unclear. The FP was sensibly cancelled before the matter.went to court. The point is that it is not for police officers to place restrictions or interpretations on legislation when it is clearly not their remit.

Edited by Middleman on 07/06/2021 at 22:35

MINI Coupe - Mot distance to test centre - MGspannerman

Bear in mind that if you have just bought the car then it will not be taxed, and you cant get it taxed without a valid MOT. So if they don't get you one way.....

MINI Coupe - Mot distance to test centre - Gibbo_Wirral

Unless of course the previous owner taxed it and has offered to leave the old tax on for a week or two. After all its early June so they won't get any of this month's tax back as a refund.

When I last sold a car I left the tax before notifying the DVLA towards the end of the month.

MINI Coupe - Mot distance to test centre - Middleman

Bear in mind that if you have just bought the car then it will not be taxed, and you cant get it taxed without a valid MOT. So if they don't get you one way.....

Vehicle Excise and Registration Act 1994, Schedule 2, para 22:

A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a) (a) submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test or

(b)bringing it away from any such test

Of course it could be argued in this OP's case that the purpose of his journey is not "solely for the purpose" of taking it for the test. As far as I can recall the MoT legislation does not include the word "solely".

MINI Coupe - Mot distance to test centre - Gerry Sanderson

Quite right MIddleman - spot on.

Exempt at law for MOT and tax if going to pre booked MOT - no distance specified.

In the Richards case it was the fact he interrupted his journey to shop that was his downfall.

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