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Possible Driving Without an MOT, Stupid Decision
Danny884400
post Wed, 31 Jan 2018 - 18:41
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Hello all,

I've been a member for a long time but have never needed to post for assistance. I think I might now need advice.

My MOT expired on the 24th of January, I needed to replace some bushes and the lower suspension arms. As a result the MOT expired. The vehicle is kept on my drive and has been there (as always) since it expired. I have an MOT booked this Friday.

Earlier I decided to take a stupid risk popping to the pharmacy for medication for an abscess. Normally I respect the law and would never dream of driving if I might have had alcohol or if any of my documentation is out of date etc. I appreciate non of this is an excuse let alone a reason and ultimately I did commit the offence.

I was coming back home and a traffic police car was coming towards me. The driver definitely looked at me as I drove by, so I gather the ANPR in their vehicle probably alerted them to my expired MOT. They did not stop me at the scene. I think they may have been on a call as the police car (a Focus hatchback) had officers sitting in the back which is normally kind of unusual. I was literally 10 seconds from home, and I expected them to turn around and stop me and was actually surprised that they didn't.

I am not exactly sure of how the NIP process works in this scenario and for this particular offence? Even though I was not stopped at the time is it possible that the police could send me an NIP in the post? Also, from what I have read online, it appears that driving without an MOT is a non-endorsable offence and carries a fine of £100? Do you know if that is still the case right now because a lot of the information online is quite a few years old. Or at least what I've been able to find is.

Thank you very much for your time.

Dan
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post Wed, 31 Jan 2018 - 18:41
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BaggieBoy
post Wed, 31 Jan 2018 - 18:55
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Until you get something, nothing you can do. I doubt they actually clocked you. Just a £100 fine for this offence.
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Danny884400
post Wed, 31 Jan 2018 - 19:10
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Thank you for your time BaggieBoy.

I'm glad to know it is still only a £100 fine. I suppose it is possible they didn't see me and I am just convincing myself otherwise as I know I was actually doing something wrong. If I do hear from them and need any advice I will post back. Otherwise though like you say there's nothing I can do but wait to see if I do hear something.

Kind regards, Dan
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Ocelot
post Wed, 31 Jan 2018 - 19:41
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As BB has said, won't be any worse than a £100 non-endorseable fixed penalty.

That's a far cry from 1994 when I drove my car, had a producer and realised my MOT had expired 2 days earlier. I had to go to Court, but got an absolute discharge, no fine and £10 costs. I think I would rather have had a FPN.
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panther12
post Wed, 31 Jan 2018 - 20:28
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QUOTE (Ocelot @ Wed, 31 Jan 2018 - 19:41) *
As BB has said, won't be any worse than a £100 non-endorseable fixed penalty.

That's a far cry from 1994 when I drove my car, had a producer and realised my MOT had expired 2 days earlier. I had to go to Court, but got an absolute discharge, no fine and £10 costs. I think I would rather have had a FPN.

That's about the same year (and only time) that I had a 7 day thingy to produce my docs at a local police station. Had all the other docs but MoT had expired. I showed them the other docs (licence, insurance) which they noted down and I asked if I could have more time to produce the MoT cert as I can't find it. They wrote something in a book and put it under the counter and luckily I never heard anymore.
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Danny884400
post Thu, 1 Feb 2018 - 07:42
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Thank you guys (love your profile photo Ocelot)

My main concern was that the law may have changed and I was at risk of receiving penalty points. My car (Audi A3 Sport) is a high insurance group and even though I'm 30 years old with 7 years NCD and no points etc it would make it even more expensive than it already is. Ultimately if I do receive anything through the post my best bet is just to admit my mistake and take it on the chin.

Thank you again for the help on this one.

Kind regards
~Dan
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spanner345
post Thu, 1 Feb 2018 - 08:46
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I am an mot tester, the mot on some vehicles requires a road test. I do not recall being stopped in over 35 years.

The chances of you getting 'done' are minute.


--------------------
ARSE DRINK FECK........



DRINK MORE
TOILET DUCK
50 mls vodka
50 mls Red Bull
330 mls Blue Wkd
25 mls tequila
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I am Weasel
post Thu, 1 Feb 2018 - 08:56
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I agree that it is vanishingly unlikely that anything will come of this - not too long ago, I inadvertently let my MOT lapse and drove round for 3 months without one and nothing came of it. As soon as I realised my error, I immediately booked an MOT (and it passed without even a single advisory)
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nigelbb
post Thu, 1 Feb 2018 - 10:07
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QUOTE (I am Weasel @ Thu, 1 Feb 2018 - 08:56) *
I agree that it is vanishingly unlikely that anything will come of this - not too long ago, I inadvertently let my MOT lapse and drove round for 3 months without one and nothing came of it. As soon as I realised my error, I immediately booked an MOT (and it passed without even a single advisory)

I did something similar a few years ago although in my case the MOT had lapsed over six months earlier.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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bama
post Thu, 1 Feb 2018 - 13:37
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quite some time ago the garage that serviced my vehicle didn't send me the usual MOT reminder. I inadvertently drove for almost a year without one. Did a lot miles and never stopped. Mind you the vehicle was kept ship shape and tickety boo during this period regardless of MOT.
Of course my experience doesn't mean squat in the scheme of things.


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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Danny884400
post Thu, 1 Feb 2018 - 13:43
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Thank you for taking the time to reply. This forum is an excellent resource!

I did some further Googling and I wasn't able to find one post on any forum etc of someone who had an NIP arrive in the post for driving without an MOT. In fact being issued a fine on its own for this seems quite rare. Every post I was able to find were from people who had been pulled in at the time.

I can see why it would be really easy to forget about an MOT. Most people get reminders for their insurance (usually through email now) and a letter to remind you to tax or SORN your car but an MOT can expire and there are no reminders or anything at all.

I have always been focused on maintaining my car well. I had a puncture on the car in December and it couldn't be repaired so I put two new tyres on so they match across the front axle. Only one of the lower arm bushes was worn out and knocking but I did both arms on the front including new ball joints too (which come separately on these).

I have a dash camera in my car and I have just watched the video back. It's rather funny as you can see me slow down with the police approaching and hear me saying "EXPLETIVE" loudly! laugh.gif

Best regards to everyone and hope you all have a good weekend. cool.gif

~Dan


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Harnes
post Thu, 1 Feb 2018 - 13:48
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Isn't car insurance invalid if driving without a current Mot ?


--------------------
Better to be 20 minutes late in this life than 20 years early into the next one !
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southpaw82
post Thu, 1 Feb 2018 - 13:50
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QUOTE (Harnes @ Thu, 1 Feb 2018 - 13:48) *
Isn't car insurance invalid if driving without a current Mot ?

Why would it be?


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Harnes
post Thu, 1 Feb 2018 - 14:04
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It's more of a question than a statement to be honest, I could imagine insurance companies using it as a get out clause for paying out if the vehicle was involved in an accident and the Mot wasn't current !

https://www.thinkmoney.co.uk/news-advice/is...ot-0-5903-0.htm

Read something else that states it may be in the small print of some insurance companies that a current Mot is a requirement !

https://www.parkers.co.uk/car-insurance/adv...my-car-insured/

This post has been edited by Harnes: Thu, 1 Feb 2018 - 14:17


--------------------
Better to be 20 minutes late in this life than 20 years early into the next one !
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StuartBu
post Thu, 1 Feb 2018 - 14:53
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QUOTE (Danny884400 @ Thu, 1 Feb 2018 - 13:43) *
I can see why it would be really easy to forget about an MOT. Most people get reminders for their insurance (usually through email now) and a letter to remind you to tax or SORN your car but an MOT can expire and there are no reminders or anything at all.



~Dan


You can get a reminder if you wish
https://www.gov.uk/mot-reminder
OR you can stick a wee note where the Road Tax used to go and you can also put a note about the Road Tax if you pay by other means than Direct Debit . If you are really ingenious you can create/buy a pouch for those two and also for Parking Tickets to avoid the "Fluttering Ticket " syndrome which so many in here seem to fall foul of .
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Tancred
post Thu, 1 Feb 2018 - 15:04
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QUOTE (Harnes @ Thu, 1 Feb 2018 - 14:04) *
It's more of a question than a statement to be honest, I could imagine insurance companies using it as a get out clause for paying out if the vehicle was involved in an accident and the Mot wasn't current !

https://www.thinkmoney.co.uk/news-advice/is...ot-0-5903-0.htm

Read something else that states it may be in the small print of some insurance companies that a current Mot is a requirement !

https://www.parkers.co.uk/car-insurance/adv...my-car-insured/


Insurers require the vehicle to be roadworthy, if the car is roadworthy but without an MOT they can't cancel the claim although they can reduce the payout to reflect the fact a car without MOT is worth less than one with an MOT although that's generally a relatively small amount. They can cancel the claim if the car was found not to be roadworthy at the time of the accident but this could be the case with or without an MOT:

http://web.archive.org/web/20150901004439/...-valuation.html

QUOTE
Most motor policies contain a specific requirement that the vehicle must be maintained in a roadworthy state. When deciding whether it was reasonable for an insurer to reject a consumer’s claim, we will look for evidence that the loss or damage was mostly likely caused – or was significantly contributed to – because the vehicle was not roadworthy.

An insurer can also reduce a payout on the basis that the vehicle was not in good condition. In these cases, we will look for evidence that the condition of the condition of the vehicle – or parts of it – were poor to decide whether this deduction is fair.

If the vehicle did not have a current MOT certificate, we will consider how likely it was that the vehicle would have passed an MOT test. If we decide – on the balance of probabilities – that the vehicle would have failed the test, we are likely to say that a deduction of up to 10% is reasonable.


This post has been edited by Tancred: Thu, 1 Feb 2018 - 15:07
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Danny884400
post Thu, 1 Feb 2018 - 15:20
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Thank you StuartBu, I had no idea you could receive reminders for MOTs. I don't think I have ever forgot when any of my documentation is due to expire but that doesn't mean it will always be the case in the future so I will definitely be signing up for that.

Regards,
Dan
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typefish
post Thu, 1 Feb 2018 - 16:09
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QUOTE (southpaw82 @ Thu, 1 Feb 2018 - 13:50) *
QUOTE (Harnes @ Thu, 1 Feb 2018 - 13:48) *
Isn't car insurance invalid if driving without a current Mot ?

Why would it be?


No, it's also not invalid if you're not driving with current VED either wink.gif

You do get some insurance companies however (Admiral, I believe, are one them) who reduce cover to TPFT or even just TP if driving without either tax or MOT (where one is required, presumably), I cannot remember which.

This post has been edited by typefish: Thu, 1 Feb 2018 - 16:09
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cp8759
post Thu, 1 Feb 2018 - 21:27
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It's not unheard of for forces to have a policy in place not to take formal action unless the MOT is over a month out. Some might send a warning letter. The chances of them sending you a fixed penalty are very small, if they're on an expired MOT hunt, there's plenty of people with MOTs out by several months that they'd rather focus on.
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roythebus
post Thu, 1 Feb 2018 - 23:58
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It could be that the car was being taken to a place of repair prior to being taken for an annual test, maybe to get parts replaced, new tyres etc? All quite valid reasons for being on the road without a valid certificate.
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