It was really silly to drive without an MOT, as others have said you were not fully legal at the time of being stopped. To be fair thank god you were stopped before anything more serious happened. Hopefully you will do what you said and not drive it until you are fully legal!
Anyway back to your querie. My partner was once stopped by the police for not being insured:eek: before people jump on this he had a private plate on the car and when we had called to change the registration details the CSR had failed to do it and it was still insured under the previous reg. We were required to hand in docs within 7 days, when I called the insurance company that and advised them of the error, they admitted the error was their fault and while they could not supply a back dated insurance policy they would supply an indemnity letter. This was going to take a few days to sort out so it would be over the 7 days.
I went into the police station and explained to the officer our situation and he said he would extend the horty for another 7 days. It happened to be the officer that stopped my partner, and he was incredibly helpful. I think its just your luck, but deffinately try.
I'm sure the OP has learnt a salutory lesson here today - never admit on DS to a minor misdemeanour lest you are prepared to face calls to be hanged high from the nearest gibbett.
Low-level motoring offences are particularly frowned upon. It is (apparently) a known fact that at the exact moment any document expires your propensity to cause serious accidents increases inexplicably and exponentially. Such accidents will almost always involve a fatality - usually that of a young child.
With you erstwhile flawless reputation suitably tarnished, your stock now lies in tatters - somewhere between that of benefits cheats and paedophiles.
You may be fined for driving without an MOT but it is not an endorsable offence (points on your licence). The police are normally quite flexible.
Take all your documents to the officer who reported you along with the MOT failure certificate. You might be lucky and he will let you off or might decide to charge you but for this minor offence it might be a small fine.
Your insurance is not invalid, see below, and you won't be charged with that offence.
Use, cause or permit a vehicle to be used on a road without a test certificate is an offence under Section 47, RTA 1988.
Penalty: Fine of up to £2,500 (if the vehicle has 8 or more seats), £1,000 (otherwise). No disqualification, endorsement or points can be awarded.
Re no MOT invalidating Insurance; Because of section 148 RTA 1988
as to condition of the vehicle, Insurance Companies cannot invalidate a certificate issued as far as making it a criminal offence i.e. to use without Insurance (S145). This does not not however prevent them from taking action to recover certain costs under the civil law.
thanks - i'll take the mot failure cert to the station tomorrow and explain the costs involved in repairing it and that it will take until payday and also that i won't drive it until then -which is only a week on monday.
on the back of the police stop form is says if you're stopped for a defect that can avoid possible prosecution if they're fixed within 14 days so i'll put this to him - even tho i was stopped for no mot. pity it didn't pass today and that would have put an end to it:)
Using a vehicle with an MOT certificate and failing to produce said certificate are both summary only offences triable only in the Magistrates' Court.
I would anticipate you would receive points, fine and costs.
You won't be able to sweet talk the police as to giving you more time. You will either get a summons from the polce to attend court on a specific date or alternatively you may be charged at a police station with both offences when you attend at the end of the 7 day period and be given a court date there and then.
The the best thing to do is offer a guilty plea on the court date to the prosecutor in relation to the 'using' offence. You should have had one simple as that and advising the court that you were ignorant of the law is not a defence.
The prosecution may then drop the 'failing to produce' offence as you cannot produce what you haven't got.
If the prosecutor doesn't and you plead to that offence you may receive no separate penalty.
You should also get the MOT done before the hearing and show the new test certificate to the court as part of your mitigation.
You may also be able to plead both post. It will give you more information on the summons if that's how the police wish to proceed.
That's driving without insurance, this is about no MOT which carries no points, fine up to a £1000 possible though I should think considering the timescale and from what the OP says a wrap on the knuckles or small fine is is about as fas as it will go. Fair enough, is an easy mistake to make.
Jeez you're not the world's biggest villain. An MOT that's a couple of weeks over isn't a big issue. Forget the miseries who tell you you aren't insured. You are.
Don't phone the police to expalin everything. You'll be admitting guilt and leave yourself open to prosecution.
Ask the garage nicely if you can pay a few days later. Up to you if you want to tell them why, but if you do you leave yourself open to being 'taken advantage of' - i.e. lots more work to be done & charged for, to save you from a court appearance. Best is to let them know as little as poss, but that you're a bit short but will pay as soon as you get paid.
Your insurance is not invalid, see below, and you won't be charged with that offence.
...Because of section 148 RTA 1988
as to condition of the vehicle, Insurance Companies cannot invalidate a certificate issued as far as making it a criminal offence i.e. to use without Insurance (S145)
I'm sure the OP has learnt a salutory lesson here today
That the majority of advice is posted by people who have not got the faintest idea about what they are talking about, but will still express an opinion on it.
That the majority of advice is posted by people who have not got the faintest idea about what they are talking about, but will still express an opinion on it.
Well I did acknowledge that I may be wrong so there is no need to be rude, frankly
I was stopped a few years back for not having an MOT .. It went to court and i was fined £40 & i had no points on my licence... Not sure if things have changed since then it was about 8/9 years ago ...
I think the op has it all wrong, it seems to me he/she is under the impression that the police want him to produce a current new mot certificate. What they want is an mot certificate that was current at the time of the offence and no matter how many days extension they give him he can't produce this as he didn't have one.
The only thing he can do is go to the local police station and admit to not having a valid mot certificate for the time of the offence, when he will be reported for the offence of no mot.
Dave
I am with you on this one. I have had the feeling, after reading this thread, that the whole story has not been correctly posted. Probably because the OP has misunderstood the situation, or the Policeman's comments.
I agree come clean to the police within the 7 days. No M.O.T. means no insurance, a much more serious offence
I was stopped a few years back for not having an MOT .. It went to court and i was fined £40 & i had no points on my licence... Not sure if things have changed since then it was about 8/9 years ago ...
Yes i know my bad lesson learned in life ...
Yep, exactly the same happened to my ex, he was driving our old van coming home from fishing at the beach with a friend. Stopped at 11 pm, the MOT had expired by about 4 days. We didn't deliberately not have one, just didn't realise. He got £40 fine too. Expensive fishing trip that was. This was about 15 years ago though, was a lot of money to us in those days.
It happened to me last year. I was convinced that my MOT was due in October. I had even written it in my diary to remind me. So, a week before it 'expired' i dug out the paperwork to get it booked in, only to find it expired in September :eek:
I immediately called the garage there and then, got it booked in and it passed. But i had been driving around for nearly a month without a valid MOT. I learnt a lesson, and luckily i wasnt caught by the men in blue.
That the majority of advice is posted by people who have not got the faintest idea about what they are talking about, but will still express an opinion on it.
It is generally an offence to use on a public road, a vehicle of testable age that doesn’t have a current test certificate, except when:
* taking it to a test station for a test booked in advance
* bringing it away from a test station after it has failed the test, to a place of repair
* taking it to or bringing it away from a place where, by previous arrangement, repairs are to be made or have been made to fix the problems that caused the vehicle to fail its test
Even in the above circumstances you may still be prosecuted for driving an unroadworthy vehicle if it doesn’t comply with various regulations affecting its construction and use. Also, the insurance may not be valid.
tbh the police were very good and could tell i was fully insured and legal to drive apart from the mot.
they told me to produce one within 7 days but i can;t because i can't afford the £130 to fix it.
i'm happy to leave it off the road until payday but that's outside the 7 days. i'm just wondering if i ring the policeman concerned and explained whether it would do any good.
Practically speaking there should be no problem with keeping the car off the road until you get it MOT'd as you are not breaking any laws and you won't get pulled over again. I would explain that you cannot get the repairs completed until after the seven days as you simply cannot afford it. (kindly remind them that we are in a recession)
This is the problem with the Police - always has been, they are far too harsh with genuine people who make genuine mistakes and it is no wonder they get a bad name.
I normally get my MOT done about 3 weeks before the expiry date which gives me time to get any repairs done and that way if it does fail...I am still valid with the existing MOT.
And that was my point. You knew that you might have been talking rubbish (which you were), yet still expressed an opinion.
And yet you, (despite the fact that not having a valid MOT certificate may (which is the crucial word) make your insurance invalid, as people you quoted have said), talk like an arse, and yet still express an opinion, why is that any different?
Yep, exactly the same happened to my ex, he was driving our old van coming home from fishing at the beach with a friend. Stopped at 11 pm, the MOT had expired by about 4 days. We didn't deliberately not have one, just didn't realise. He got £40 fine too. Expensive fishing trip that was. This was about 15 years ago though, was a lot of money to us in those days.
Yeah it happens , i didn't deliberately go out of my way to break the law, an oversight on my behalf and yes i paid the price.
I am with you on this one. I have had the feeling, after reading this thread, that the whole story has not been correctly posted. Probably because the OP has misunderstood the situation, or the Policeman's comments.
I agree come clean to the police within the 7 days. No M.O.T. means no insurance, a much more serious offence
Wrong again. Please read the previous post.
The insurance company may decline to pay a claim. No claim is being made.
The law is clear, not having an MOT. does not invalidate the insurance.
Practically speaking there should be no problem with keeping the car off the road until you get it MOT'd as you are not breaking any laws and you won't get pulled over again. I would explain that you cannot get the repairs completed until after the seven days as you simply cannot afford it. (kindly remind them that we are in a recession)
This is the problem with the Police - always has been, they are far too harsh with genuine people who make genuine mistakes and it is no wonder they get a bad name.
I normally get my MOT done about 3 weeks before the expiry date which gives me time to get any repairs done and that way if it does fail...I am still valid with the existing MOT.
What do you mean, the police being harsh? An offence has been committed, wilfully or not. It's the job of the courts to decide on any subsequent punishment, the police only report the circumstances. They'd get criticised by some here for ignoring it, and criticised by you for doing their jobs and reporting it.
Ive had this before the police dont always treat it as a criminal offence. Mostly they will fine you. Your insurance isnt void if your MOT runs out before your insurance is due. The police are only really concerned with Road tax and Insurance.
The insurance company may decline to pay a claim. No claim is being made.
The law is clear, not having an MOT. does not invalidate the insurance.
That's correct.
Insurance certificates also invariably state that the driver must hold a valid driving licence for the vehicle being drive.
However insured drivers driving on provisional licences, or otherwise than in accordance with a licence, do not automatically void their insurance by doing so. Insurance companies may void it at their discretion.
And yet you, (despite the fact that not having a valid MOT certificate may (which is the crucial word) make your insurance invalid, as people you quoted have said), talk like an arse, and yet still express an opinion, why is that any different?
It doesn't say that even in the quote.
It says " Also, the insurance may not be valid" a subtle but important difference.
The word may is important.
As posted before driving without an MOT does not invalidate the insurance. If that were the case he would have been charged with having no insurance and the car seized.
This really isn't the right place to have posted this thread as you're just inviting unhelpful comments from people who like to talk big on the internet.
When the police pulled you over and asked for a valid MOT, they meant one that was valid at the time they pulled you over. If you have one valid at this time, all well and good, you can just get a copy of the certificate from the garage which issued the original for £10-£20, and take this into the police station.
If you're MOT was not valid at the time you were pulled over, you're up the river poo, because it will automatically invalidate your insurance. Therefore, you will get 6 points for driving without insurance and a small fine, and up to a £1000 fine for driving without an MOT (you won't get points for the MOT offence).
Comments
Anyway back to your querie. My partner was once stopped by the police for not being insured:eek: before people jump on this he had a private plate on the car and when we had called to change the registration details the CSR had failed to do it and it was still insured under the previous reg. We were required to hand in docs within 7 days, when I called the insurance company that and advised them of the error, they admitted the error was their fault and while they could not supply a back dated insurance policy they would supply an indemnity letter. This was going to take a few days to sort out so it would be over the 7 days.
I went into the police station and explained to the officer our situation and he said he would extend the horty for another 7 days. It happened to be the officer that stopped my partner, and he was incredibly helpful. I think its just your luck, but deffinately try.
Low-level motoring offences are particularly frowned upon. It is (apparently) a known fact that at the exact moment any document expires your propensity to cause serious accidents increases inexplicably and exponentially. Such accidents will almost always involve a fatality - usually that of a young child.
With you erstwhile flawless reputation suitably tarnished, your stock now lies in tatters - somewhere between that of benefits cheats and paedophiles.
thanks - i'll take the mot failure cert to the station tomorrow and explain the costs involved in repairing it and that it will take until payday and also that i won't drive it until then -which is only a week on monday.
on the back of the police stop form is says if you're stopped for a defect that can avoid possible prosecution if they're fixed within 14 days so i'll put this to him - even tho i was stopped for no mot. pity it didn't pass today and that would have put an end to it:)
Wrong, it's not an endorsable offence
That's driving without insurance, this is about no MOT which carries no points, fine up to a £1000 possible though I should think considering the timescale and from what the OP says a wrap on the knuckles or small fine is is about as fas as it will go. Fair enough, is an easy mistake to make.
Don't phone the police to expalin everything. You'll be admitting guilt and leave yourself open to prosecution.
Ask the garage nicely if you can pay a few days later. Up to you if you want to tell them why, but if you do you leave yourself open to being 'taken advantage of' - i.e. lots more work to be done & charged for, to save you from a court appearance. Best is to let them know as little as poss, but that you're a bit short but will pay as soon as you get paid.
Oh no! I stupidly renewed mine when it expired!
That the majority of advice is posted by people who have not got the faintest idea about what they are talking about, but will still express an opinion on it.
Well I did acknowledge that I may be wrong so there is no need to be rude, frankly
Yes i know my bad lesson learned in life ...
And that was my point. You knew that you might have been talking rubbish (which you were), yet still expressed an opinion.
I agree come clean to the police within the 7 days. No M.O.T. means no insurance, a much more serious offence
Yep, exactly the same happened to my ex, he was driving our old van coming home from fishing at the beach with a friend. Stopped at 11 pm, the MOT had expired by about 4 days. We didn't deliberately not have one, just didn't realise. He got £40 fine too. Expensive fishing trip that was. This was about 15 years ago though, was a lot of money to us in those days.
It happens. Mistakes DO happen.
It happened to me last year. I was convinced that my MOT was due in October. I had even written it in my diary to remind me. So, a week before it 'expired' i dug out the paperwork to get it booked in, only to find it expired in September :eek:
I immediately called the garage there and then, got it booked in and it passed. But i had been driving around for nearly a month without a valid MOT. I learnt a lesson, and luckily i wasnt caught by the men in blue.
http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Mot/DG_4022108
Practically speaking there should be no problem with keeping the car off the road until you get it MOT'd as you are not breaking any laws and you won't get pulled over again. I would explain that you cannot get the repairs completed until after the seven days as you simply cannot afford it. (kindly remind them that we are in a recession)
This is the problem with the Police - always has been, they are far too harsh with genuine people who make genuine mistakes and it is no wonder they get a bad name.
I normally get my MOT done about 3 weeks before the expiry date which gives me time to get any repairs done and that way if it does fail...I am still valid with the existing MOT.
And yet you, (despite the fact that not having a valid MOT certificate may (which is the crucial word) make your insurance invalid, as people you quoted have said), talk like an arse, and yet still express an opinion, why is that any different?
Yeah it happens , i didn't deliberately go out of my way to break the law, an oversight on my behalf and yes i paid the price.
£40 is expensive these bloody days as well!! lol
Wrong again. Please read the previous post.
The insurance company may decline to pay a claim. No claim is being made.
The law is clear, not having an MOT. does not invalidate the insurance.
What do you mean, the police being harsh? An offence has been committed, wilfully or not. It's the job of the courts to decide on any subsequent punishment, the police only report the circumstances. They'd get criticised by some here for ignoring it, and criticised by you for doing their jobs and reporting it.
That's correct.
Insurance certificates also invariably state that the driver must hold a valid driving licence for the vehicle being drive.
However insured drivers driving on provisional licences, or otherwise than in accordance with a licence, do not automatically void their insurance by doing so. Insurance companies may void it at their discretion.
It doesn't say that even in the quote.
It says " Also, the insurance may not be valid" a subtle but important difference.
The word may is important.
As posted before driving without an MOT does not invalidate the insurance. If that were the case he would have been charged with having no insurance and the car seized.
http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Motorinsurance/DG_067639
When the police pulled you over and asked for a valid MOT, they meant one that was valid at the time they pulled you over. If you have one valid at this time, all well and good, you can just get a copy of the certificate from the garage which issued the original for £10-£20, and take this into the police station.
If you're MOT was not valid at the time you were pulled over, you're up the river poo, because it will automatically invalidate your insurance. Therefore, you will get 6 points for driving without insurance and a small fine, and up to a £1000 fine for driving without an MOT (you won't get points for the MOT offence).
Did the police say why they pulled you over?