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  #11  
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Paul Cummins
 
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Default Re: MOT queries - 04-05-2007 , 02:22 PM






In article <46151d0e$1_1 (AT) x-privat (DOT) org>, me (AT) me-to-try- (DOT) com (Dragon)
wrote:

Quote:
by the very nature of the car failing the MOT
then technically it is unroadworthy
Under which legislation? If that's the case, why is it lawful to drive
an untaxed car which FAILS its MOT to a repair centre?

--
Paul Cummins
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  #12  
Old   
PC Paul
 
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Default Re: MOT queries - 04-05-2007 , 02:39 PM






Dragon wrote:
Quote:
Sigh all you want old son - by the very nature of the car failing the
MOT then technically it is unroadworthy - even if the old one has yet
to expire - and unlawful to drive on the public highway.

'Roadworthy' and 'having a current MOT' are two separate things.

Having an MOT certificate doesn't show a car is roadworthy. And a car can be
roadworthy without a current MOT.

Quote:
Now, it is technically possible to fail the MOT (yet still have one
on the car) drive out of the garage, pass a camera on a overbridge
and then a few days later - get done for driving a defective vehicle.
You can fail an MOT on, for example, a cut tyre. If the tester doesn't tick
the 'dangerous to drive' box, you can *legally* drive away, covered by the
old certificate. Take it to the tyre fitter down the road and get a new tyre
put on.

Now you're fully roadworthy again, and have a valid MOT. Without a retest.

You can *always* be done for driving a defective vehicle. And an overbridge
camera wouldn't pick you up in this case, cut tyre or not.

If you've come here to argue, try and get your facts straight first, there's
a good Puffy.




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  #13  
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Chris Whelan
 
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Default Re: MOT queries - 04-05-2007 , 02:42 PM



Paul Cummins wrote:

Quote:
In article <46151d0e$1_1 (AT) x-privat (DOT) org>, me (AT) me-to-try- (DOT) com (Dragon)
wrote:

by the very nature of the car failing the MOT
then technically it is unroadworthy

Under which legislation? If that's the case, why is it lawful to drive
an untaxed car which FAILS its MOT to a repair centre?

It's only lawful in respect of not needing a current certificate for that
journey. All other legislation affecting the safety of that vehicle still
applies. You could still be prosecuted whilst taking a faulty car for
repair.

This has been discussed before; the concensus then was that having a valid
MOT *and* a fail notice does not make the vehicle illegal as such. However,
the thing or things that caused the fail notice to be issued *may* make it
illegal to continue to use the vehicle.

Chris

--
Remove prejudice to reply.


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  #14  
Old   
Conor
 
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Default Re: MOT queries - 04-05-2007 , 03:07 PM



In article <memo.20070405202237.2124X (AT) admin (DOT) vlaad.co.uk>, Paul Cummins
says...
Quote:
In article <46151d0e$1_1 (AT) x-privat (DOT) org>, me (AT) me-to-try- (DOT) com (Dragon)
wrote:

by the very nature of the car failing the MOT
then technically it is unroadworthy

Under which legislation?
Road Traffic Act. Construction and Use regs.

Quote:
If that's the case, why is it lawful to drive
an untaxed car which FAILS its MOT to a repair centre?

Who says it's lawful? I can guarantee you that if your car fails an MOT
on bald tyres and you're stopped on the way to the tyre fitters that
you will be hammered.




--
Conor

Light travels faster than sound. This is why some people appear bright
until you hear them speak.........


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  #15  
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Adrian
 
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Default Re: MOT queries - 04-05-2007 , 03:52 PM



Conor (conor.turton (AT) gmail (DOT) com) gurgled happily, sounding much like they
were saying :

Quote:
If that's the case, why is it lawful to drive
an untaxed car which FAILS its MOT to a repair centre?

Who says it's lawful? I can guarantee you that if your car fails an MOT
on bald tyres and you're stopped on the way to the tyre fitters that
you will be hammered.
And I can promise *you* that the MOT is irrelevant in that scenario.

If you get that tug on the way TO the MOT centre, before your car's failed
the MOT, you'll *STILL* get hammered.

But if you fail the MOT, swap the tyres, then get a tug before you've taken
it back for the MOT (but while the original is still unexpired) you'll be
fine.


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  #16  
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Duncan Wood
 
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Default Re: MOT queries - 04-05-2007 , 06:12 PM



On Thu, 05 Apr 2007 20:42:59 +0100, Chris Whelan
<cawhelan (AT) prejudicentlworld (DOT) com> wrote:

Quote:
Paul Cummins wrote:

In article <46151d0e$1_1 (AT) x-privat (DOT) org>, me (AT) me-to-try- (DOT) com (Dragon)
wrote:

by the very nature of the car failing the MOT
then technically it is unroadworthy

Under which legislation? If that's the case, why is it lawful to drive
an untaxed car which FAILS its MOT to a repair centre?


It's only lawful in respect of not needing a current certificate for that
journey. All other legislation affecting the safety of that vehicle still
applies. You could still be prosecuted whilst taking a faulty car for
repair.

This has been discussed before; the concensus then was that having a
valid
MOT *and* a fail notice does not make the vehicle illegal as such.
However,
the thing or things that caused the fail notice to be issued *may* make
it
illegal to continue to use the vehicle.

Chris

THe may being the point, if it was illegal to drive it away, it was
illegal to drive it there.


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  #17  
Old   
Dave Plowman (News)
 
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Default Re: MOT queries - 04-05-2007 , 06:58 PM



In article <MPG.207f676e23d970a098a442 (AT) news (DOT) karoo.co.uk>,
Conor <conor.turton (AT) gmail (DOT) com> wrote:
Quote:
I can guarantee you that if your car fails an MOT
on bald tyres and you're stopped on the way to the tyre fitters that
you will be hammered.
You would on the way to the MOT too.

--
*Rehab is for quitters.

Dave Plowman dave (AT) davenoise (DOT) co.uk London SW
To e-mail, change noise into sound.


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  #18  
Old   
MrCheerful
 
Posts: n/a

Default Re: MOT queries - 04-09-2007 , 04:55 AM




"Dragon" <me (AT) me-to-try- (DOT) com> wrote

Quote:
Adrian wrote:
Dragon (me (AT) me-to-try- (DOT) com) gurgled happily, sounding much like they
were saying :

remember, if the car failed it's MOT, then it is unlawful to drive it
on the road anyway (even if the old one hadn't expired).

sigh
No, it isn't.

The old MOT is still valid until the expiry date. If the car's
unroadworthy, then it's illegal to drive - with or without having
failed the MOT.

Sigh all you want old son - by the very nature of the car failing the MOT
then technically it is unroadworthy - even if the old one has yet to
expire - and unlawful to drive on the public highway.

Secondly - if the car has failed on a cut tyre - then again legally that
car is unroadworthy - and yet again, unlawful to drive on the public
highway.

Also it is worth remembering that in the days before the computerised MOT,
it was possible to get away with just about anything and run the vehicle
for a few days whilst things were sorted out.

Now, it is technically possible to fail the MOT (yet still have one on the
car) drive out of the garage, pass a camera on a overbridge and then a few
days later - get done for driving a defective vehicle.

Rubbish. Think about it.
How would they show that the defect had not been repaired before passing the
camera?

Mrcheerful




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  #19  
Old   
luke58
 
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Default Re: MOT queries - 04-09-2007 , 02:18 PM



An MOT is only good at the exact time of the test, not one second
later. This does not mean that the car is roadworthy, because it can
become totally unroadworthy as soon as you drive it away.

I had a car with perfectly good brakes, and it passed the MOT 1st
time.

Upon driving it home the brakes had seized on during the test, and I
had to replace pad, disc and cylinder etc.

I have also had another car where the exhaust fell off from the
manifold when driving it home from the test centre.

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